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Terms of Use

Last Modified: 11/18/2020

Introduction

RealThanks welcome you (“You”, “User(s)”) to use our website www.RealThanks.com (the “Realthanks”, “Site”, “We”, “Us”, “Our”) and Our services (the “Services”) operated by RealThanks Inc. We are a service used by companies and individuals for gifts, incentive and rewards programs with customers, employees, and users. We are a digital-only service. We are located in Las Vegas, NV. Mailing address is: RealThanks Inc.
1930 Village Center Circle #3-6953
Las Vegas, NV 89134

Acceptance of the Terms

By accessing or using the Site or the Services, You acknowledge that You have read and understood these Terms of Use, including and incorporated herein by reference the terms of Our Privacy Policy (collectively, the “Terms”), and You agree to be bound by them and to comply with all applicable laws and regulations regarding Your use of the Site and/or the Services, and You acknowledge that the Terms constitute a binding and enforceable legal agreement (“Agreement”) between You and Us. Please read the Agreement carefully prior to using the Site and/or the Services.

You agree to be bound by the Terms and conditions of this Agreement. You must agree to all of the Terms in this Agreement. If You do not agree to the Terms, You are not permitted to use the Site and/or the Services.

We reserve the right, at Our sole discretion, to change, modify, add the Terms or portions of the Terms or remove portions of the Terms, at any time. You are responsible for checking the Terms for changes. Your continued use of the Site and/or the Services following the posting of changes shall mean that You accept and agree to the changes. Persons who are under 18 years old may not use either the Site or the Services in any manner. We may require You to provide a valid proof of Your age and of Your recipient’s age before purchasing or sending certain merchandise offered for sale on the Site.

We reserve the right, at Our sole discretion, at any time and without any prior notice, to change, modify, add to the Site, including features available on or through the Site. Unless expressly stated otherwise, any new features, new services‚ enhancements or modifications to the Site implemented after You first access the Site are subject to the Terms.

Violation of the Terms

We reserve the right, at Our sole discretion, and without any prior notice, to terminate Your access to the Site and/or the Services, or exercise any other remedy available, if We believe that You violated any of the Terms.

Limited License

You are granted a limited, nonexclusive, revocable and nontransferable license to utilize and access the Site for its intended purposes and pursuant to the requirements and restrictions of the Terms and the Agreement. We may change, suspend, or discontinue any aspect of the Site and/or the Services at any time. We may also, without notice or liability, impose limits on certain features and services or restrict Your access to all or portions of the Site and/or the Services.

Except as provided in these Terms of Use, You shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site and/or the Services, or any of its contents (including software) in whole or in part.

Your license shall not include any resale or commercial use of the Site, the Services or content therein; and collection and/or use of any product listings or descriptions; use of any data mining tools‚ spiders, robots‚ or any similar methods of data gathering and extraction on the Site.

If We believe that You violated any of the Terms, We reserve the right to terminate the license granted to You by these Terms. We also reserve the right to prosecute violators to the fullest extent of the law.

Intellectual Property and Copyright Policy

You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Us. The Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code and other aspects thereof‚ and all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of the Site‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are also owned by Us. You may only use the Site or its contents and/or the Services as expressly permitted in this Agreement and for no other purpose.

We retain exclusive ownership of all data, material and other information regarding Your use of the Site. Except as We may expressly authorize, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without Our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are Our trademarks or service marks or used under license by Us. The use or misuse of any of these materials is strictly prohibited. Any trademarks of third parties that appear on the Site are the property of their respective owners. You may not use, copy‚ modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the trademark owner.

We will terminate the privileges of any User who uses the Site and/or the Services to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If You believe that Your copyright has been infringed in any way related to Us, please contact Our designated agent at: legal@realthanks.com. Except as stated above, You are not conveyed any express or implied right or license in or under any trademark‚ copyright‚ or any other of Our or any third party’s proprietary rights. No provisions in this Agreement and/or the Terms shall be deemed to grant to You any rights‚ title or interest in or to any of Our copyright‚ trademark or other proprietary right.

Indemnification

You will defend, indemnify and hold Us and Our 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 Your access to the Site‚ Your use of the Site and/or the Services‚ Your violation of the Terms and/or this Agreement‚ any use of Your User ID or password by You or any third party‚ Your acceptance of any gift delivered to You through the Site, or any 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.

Disclaimer of Warranty

You expressly agree that Your use of the Site and/or the Services‚ and of any information‚ advice‚ products‚ and other materials contained in or described on the Site‚ is at Your own risk‚ and that all such information and materials are provided on an “as is” basis. To the maximum extent permitted 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 Site and/or the Services‚ including but not limited to any and all content‚ services‚ products‚ and other information and materials contained in or described on the Site‚ including but not limited to‚ warranties of merchantability‚ fitness for a particular purpose‚ and non-infringement‚ and implied warranties arising from course of dealing or course of performance. To the maximum extent permitted by applicable law, We expressly disclaim any implied or statutory terms, conditions or warranties, including those as to merchantability, fitness for a particular purpose, title, accuracy, and correspondence with description, satisfactory quality and non-infringement with respect to any of the gifts offered on the Site. All gifts are provided “as-is,” without representations or warranties of any kind by Us. Certain state laws do not allow limitations on the length of an implied warranty. To the extent any such state law applies to You‚ the limitation described herein may not apply to You. We do not represent or warrant that the information and content accessible via the Site is accurate‚ complete or current. We are not responsible for any errors or omissions therein or for any adverse consequences resulting from use of, inability to use, or reliance on any aspect of the Site and/or the Services, including but not limited to services, products‚ and other information and materials contained in or described on the Site. We make no representations and warranties that the Site, the Services 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 Site shall create any warranty not expressly stated herein.

Limitation of Liability

In no event shall We or Our 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 limited 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 Site‚ including but not limited to any Services‚ products‚ and other information and materials contained in or described on the Site‚ even if We have been advised of the possibility of such damages, and regardless of the form of action or omission of action, whether in contract, tort, or otherwise; or the disclosure or misuse of any User’s personal information‚ even if they have been advised of the possibility of such damages‚ and regardless of the form of action‚ whether in contract‚ tort‚ or otherwise. In no event shall We be liable for any damages in excess of the amounts paid by You in connection with Your use of the Site and/or the Services. This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy provided herein. In no event shall We be liable, directly or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any linked third-party site or any link contained in a link site.

Governing Law

You agree that the laws of the State of Nevada (regardless of conflicts of law principles) shall govern this Agreement, that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of the federal and state courts in the State of Nevada, and that You submit to the exclusive jurisdiction of the federal and state courts in the State of Nevada in connection with the Site, the Services and/or this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Any conflict, dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration. Such arbitration will take place in the State of Nevada. The arbitration shall be administered by and pursuant to the rules of the American Arbitration Association. All claims shall be brought in a party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. An arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Parties to such arbitration agree that the resolution is final and binding, and enforceable through the applicable court.

Online Conduct

By using the Site and/or the Services, and in accordance with the Terms and this Agreement, You agree that You will neither be engaged in any of the activities listed hereafter or authorize any third parties to be engaged in such activities:

  • use the Site and/or the Services to harass, abuse, bully, stalk, defame, injure, or cause distress to any person and/or entity;
  • create User accounts on the Site using automated means or under false or fraudulent pretenses;
  • interfere with other Users’ use of the Site and/or the Services including, but not limited to transmitting to other Users unsolicited electronic communications including, but not limited to any defamatory, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, pornographic, spam, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity);
  • use the Site and/or the Services to collect any information about other Users or interfere with other Users’ private information in any other way;
  • use the Site and/or the Services while impersonating another person and/or entity;
  • use the Site and/or the Services to violate or attempt to violate any applicable local, state, national or international law, or any regulations having the force of law including, but not limited to engage in any activity involving credit card fraud, money laundering, or identity theft;
  • use any tools including, but not limited to any devices, software and/or techniques, to retrieve or index the Site or any portion of the Site;
  • transmit or upload to the Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb or other feature designed to damage or degrade in any manner the performance of the Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of the Site by any User; take any action that imposes‚ or may impose‚ in our sole discretion‚ an unreasonable or disproportionately large data or traffic load on the Site or the IT infrastructure used to operate and make the Site available;
  • use the Site and/or the Services to violate security of or gain unauthorized access to any computer or computer network or other device or system; or
  • use the Site and/or the Services for any commercial purpose, including, but not limited to promoting business or other commercial ventures or otherwise using the Site to promote any commercial purposes.

Links to Third Party Sites

We may display links to third party sites. The display of any link does not imply that We endorse a linked site or any content therein. We are not responsible for the content of such links, or for any products, services or other materials relating to any linked site or any link contained in a linked site.

Gifts, Service Charges and Sales Taxes

The Site allows You to purchase digital gifts from Us for delivery to a designated recipient. Your purchase, and any inquiries or disputes regarding Your purchase (including refunds or other adjustments associated with Your purchase) are solely between You and Us. You will receive a receipt for Your purchase. Gifts issued in the form of merchant gift cards are fulfilled by Our vendor partners and issued by the merchant identified on the gift card. We do not issue, and have no financial obligation relating to, merchant gift cards.

Prices on the Site include Our service charge. This service charge is charged by Us for the delivery of the gift and is not related to the use of the gift including gift cards. Because the location for purposes of calculating such tax is not known by Us, a sales tax amount of 9.5% will be attributed to each purchase.

We do not bear any responsibility for errors or omissions regarding price or any other matter on this Site or any website linked to this Site. We reserve the right to correct any errors or omissions and to change or update information at any time without prior notice (including after You have submitted an order). In the event of a pricing error or omission on an item You have ordered, We reserve the right to cancel the order and refund the sender payment.

Gifts may have an expiration date. If the recipient does not access the gift before the expiration date, or We receive a delivery failure notification concerning any gift sent by email, We may credit the gift purchase price (excluding the service charge which is non-refundable) to Your account with Us which You may use for Your future gift purchases with Us.

If You receive an email that You have received a gift, You must open the email and follow the link therein to receive Your gift within 30 (thirty) days; otherwise it will be invalidated. Acceptance of a gift constitutes Your acceptance of the Terms and any terms and conditions associated with the gift. You may be offered the option to donate the value of the gift to a charity in lieu of accepting the gift. We are not a bank and do not offer banking, money service business services or money transmission services.

Our Paid Services

We are not a government agency and charge fees to use several features of the Site. We use Stripe.com to process all payments related in any way to the Site and/or the Services. No credit card information is ever stored on Our servers. Please see Our Privacy Policy for more information.