Last Updated: 10/24/2006

Please read this User Agreement carefully before using this site. Use of this site in any way indicates that you fully agree this User Agreement. If you do not accept this User Agreement, you may not use this web site for any purpose.

If you have any questions about this User Agreement, please contact us at support@offercentric.com.

User Agreement

Use of this web site indicates that you fully understand and agree to this User Agreement ("User Agreement") . By signing-up and creating an account on this site, you are becoming a user ("User", collectively, "Users") and you are certifying that you have read, understood and agreed to this User Agreement as well as our Privacy Policy. You may review our Privacy Policy by clicking here.

OfferCentric LLC, reserves the right, in its sole discretion to alter this User Agreement at any time, for any reason, without notice. We also reserve the right, in our sole discretion to alter the conditions by which free items are earned. This may include, but is not limited to, decreasing the number of points earned per offer completion.We also reserve the right to discontinue this web site at any time without notice or reason. In the event that we discontinue this web site, we will make every reasonable effort to provide our members with sufficient advance notice. Please refer to this User Agreement periodically for changes. Your use of this web site following any modification of this User Agreement constitutes your agreement to follow and be bound by this User Agreement as modified. If you breach this User Agreement, your right to use this Site will terminate automatically. Furthermore, in consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from using the Site under the laws of the United States or other applicable jurisdiction.

Additional Terms

I. MEMBERSHIP

1. Valid Information

(a). Users shall provide accurate information about their identity to GiftMonkey.com .

(b). Users shall not use another person's name or information to create an account on GiftMonkey.com , i.e. you may not signup for another person.

2. Accounts

(a). Users must be currently living in and be signing up from within the country to which their free gift will be sent.

Accounts may only be created by residents of the following countries: United States, Canada, United Kingdom, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, China, Denmark, Ecuador, Finland, France, Germany, Greece, Hong Kong, India, Ireland, Italy, Jamaica, Japan, Mexico, New Zealand, Netherlands, Norway, Portugal, Singapore, South Korea, Spain, Sweden, Switzerland, Taiwan, Uruguay.

(b). There may not be more than one account per household. A household includes your mailing address, and may include your IP address. Be advised that joining GiftMonkey.com from a shared internet connection such as those available at schools, places of business or public facilities may result in you having the same IP address as another member and can be considered a violation of this User Agreement. This may, at our sole discretion, result in disqualification of your account. You are strongly advised to use your own personal internet connection when joining GiftMonkey.com .

(c). Users may not have multiple accounts at multiple shipping addresses or IP addresses on GiftMonkey.com . i.e. you may not use multiple addresses to receive multiple free gifts or use multiple computers, internet service providers or IP addresses to create multiple accounts.

(d). Neither points nor referrals can be transferred between GiftMonkey.com accounts.

(e). Users are responsible for the security of their own account(s). Users should not share their account information with others and they are responsible for keeping their password(s) secure. GiftMonkey.com is not liable for any loss due to the theft or misuse of your account or it's information.

(f). Any accounts which have not been logged into, by their owner, for a period of time greater than 45 days will be considered abandoned. If an account is considered abandoned, its owner will no longer be able to earn a free gift with that account or access it. Users with abandoned accounts will not be eligible for any compensation for offers completed or people referred under the abandoned account.

(g). Ownership of an account may not be transferred to another person.

3. Cancellation of Account

(a). For an account to be canceled, please contact our customer service department with this request. Customer service can be reached by clicking here.

4. Security

(a). Any unauthorized use or entry into GiftMonkey.com is illegal and is punishable by law. The violation of any law will provide sufficient impetus for GiftMonkey.com to prosecute the offender to the fullest extent of the law as well as disqualify any accounts created by the offender.

II. FREE ITEMS

1. Eligibility to receive a free item.

(a). Users must do the following to receive a free item from GiftMonkey.com .

i. Complete 1 sponsored offer and have it approved by the advertiser.

ii. Refer the indicated number of friends (referrals) to also complete 1 advertiser approved offer.

(b). Referrals must signup using the referral link provided by GiftMonkey.com . This referral link can be found by logging into your account and clicking the 'Account Status' menu option. Clicking 'Refer Friends' will take you to our referring tips page.

(c). The requirements to receive free items will vary based on the value of the item.

(d). A User may receive multiple free items, however, a User must successfully receive their currently selected item before they may earn another free item.

(e). A User may change their currently selected item to any other item offered on GiftMonkey.com until they have at least one referral who has completed an offer for them.

Once a User has completed the requirements for eligibility, the account will automatically be put into a review process to check that all referrals are unique and all offers were properly completed. Once a User's account is in review, the User may no longer change their selected item.

(f). The number of referrals required to earn any specific item may change at any time and without notice.

2. Receipt of Free Gifts

(a). GiftMonkey.com does not guarantee the receipt of any product regardless of offers completed or referrals. All Users are subject to our fraud verification process before receiving any gifts.

(b). We will take measures to ensure a timely receipt of product, But does not guarantee the delivery time or availability of the product.

(c). Any User who receives an item from GiftMonkey.com with a value greater than $600, is required by law to claim the total value of such products on their federal and state (where applicable) tax returns. Users assume full responsibility to ensure that the proper state/federal taxes are paid on any items(s) received from GiftMonkey.com .

3. Delivery

(a). All orders are shipped to the address specified when the item is ordered. It is the User’s responsibility to make sure this address is correct. We are not responsible for failure of delivery due to, but not limited to: theft, erroneous delivery, mishandling during packaging or deliver or incorrect address.

(b). If a User does not receive a product, and has waited over 15 days from the time the item was shipped, he/she should contact GiftMonkey.com and confirm that their shipping address was correct. In the event that the gift was lost, GiftMonkey.com will take reasonable effort to replace it if necessary.

(c). For any product that has confirmed delivery via a tracking number, GiftMonkey.com will not resend the order or refund the points back to a Users account.

(d). Items on our web sites are brand new. All items come with a complete warranty specified by the manufacturer.

4. Order Cancellation

(a). A User may only cancel an order which has not yet shipped. Cancellation requests must be made by contacting us via our customer service department by clicking here.

5. Availability of Products

(a). We are not responsible for the availability of a product, A product may be out of stock from time to time. In this case, we do not guarantee delivery in a timely matter. In the event an item is discontinued, the User will be allowed to select a different product of equal value, or receive a cash payment of 95% of the cost of the item.

(b). We reserve the right to change or remove any item offered on GiftMonkey.com at any time.

6. Return Policy

(a). GiftMonkey.com does not guarantee any product you receive.

(b). In a case where the wrong item is shipped, we will make our best effort to replace the item.

(c). If an item is found to be defective, the User should consult the warranty information included with that item. We are not responsible for the replacement or repair of defective items. Please contact us in the event your item is damaged or defective.

III. ONLINE OFFERS

1. Completion of Offers

(a). Users may only receive credit for first time completion of an offer. If you have previously completed an offer elsewhere, you cannot receive credit for completing that same offer again.

(b). In order to receive credit for completing an offer, Users must follow the instructions found with the offer details listed on the "offers" page.

(c). Users must also ensure that your browser settings are configured to accept all cookies and that you are not running any software that could block the cookies or URLs required for tracking the completion of offers.

(d). Users may only complete offers under their own account. i.e. You may not complete an offer under any other members account.

(e). Offers must be completed by clicking the offer image, or the link provided on each offer. You may not go directly to the URL provided on the web site by pasting or typing it into their browser or through other means which allows you to access the offer provider web site without clicking the link from GiftMonkey.com .

2. Failure to receive credit for an offer

(a). GiftMonkey.com does not guarantee that you will receive credit for completing an offer. We reserve the right to refuse crediting you for the completion of an offer for a variety of reasons, including, but not limited to, inappropriate information, improper sign-up method, and/or improper browser settings.

(b). We are not responsible for delays in reporting offer completion or failure to receive offer credit. The time it takes to receive credit varies greatly.

(d) If a User believes that they have fully completed an offer and yet, has not been credited, the User should once again make sure that they have in fact met all of the requirements stipulated by the offer provider and should verify that he or she has waited the appropriate amount of time for offer completion to be reported back to this web site (this amount of time varies per offer). If the User confirms that they have performed all of the necessary actions, and have waited a sufficiently appropriate period of time, he or she should complete our Offer Completion Follow-up Request form which is available from the Help page. The User should note, however, that we reserve the right to deny credit for an offer.

3. Terms of Offers

(a). We are not responsible for the terms and conditions of any of the offer provider web sites or offers on our web site. We make an effort to screen our offers to ensure the best possible experience for our Users. However, we are not responsible for any ensuing charges or contracts incurred between yourself and an offer provider. Users should carefully read the requirements, terms and conditions, privacy policy and billing information for each offer.

(b). All Users complete offers at their own risk. We are not responsible for services or products associated with our offer providers. If there is a complaint about services or products received from an offer provider, Users should directly contact the offer provider in question.

(c). Offer credits cannot be transferred between accounts.

(d). The availability of specific offers may change at any time at the sole discretion of GiftMonkey.com .

(e). "Cost to Complete" figures are estimates only. The cost to complete an offer may vary slightly from the amount indicated.

IV. REFERRALS

(a). We reserve the right to screen all referrals for signs of fraud. We reserve the right, at our sole discretion, to determine which referrals are fraudulent, and to not disclose the reason behind this decision in order to protect our verification methods.

(b). If we suspect a User of fraud, his or her account will be disqualified and made null and void. All efforts to receive a free gift are non-transferable. This includes all referrals and offer completions.

V. ACCOUNT DISQUALIFICATION

1. Common reasons for account disqualification:

(a). Multiple accounts.

(b). Fraudulent referrals.

(c). Negative feedback from any of our affiliates/advertisers.

(d). Immediate cancellation of offers.

(e). More than one account at the same shipping address.

(f). Sending your referral link to others in an unsolicited or excessive manner (this includes but is not limited to: email, instant messages or chat rooms) or posting your referral link in newsgroups or online forums where not expressly allowed.

(g). Posting information on a web site, forum, or auction relating to canceling offers, including cancellation phone numbers, cancellation time frames, and any encouragement or direction to cancel the offers after signing up with them.

(h). The use of any software, hardware, service or technique to hide or disguise your identity or IP address is not allowed. This includes the use of any proxy server/service which is not part of your internet service provider. Furthermore, using an internet service provider whose purpose is to provide anonymous internet access is not allowed.

2. Additional Terms regarding account disqualification:

(a) We reserve the right to disqualify a User's account at any time for any reason, without notice.

(b) We are not responsible for notifying a User about his or her account being disqualified.

(c) If an account on GiftMonkey.com is disqualified, all orders connected to this individual will be cancelled.

(d) Users who have had any of their accounts disqualified may not create additional accounts on GiftMonkey.com .

(e) Users will not receive any reimbursement for offer credits or referrals accumulated prior to being disqualified.

(f) If a User feels that he or she has been disqualified in error (i.e. has not acted against this user agreement), he or she may contact us via our web site.

(g). We are not obligated to fully disclose the reasons for a disqualification if doing so may compromise our fraud detection methods.

VI. CUSTOMER SERVICE

1. Contacting Customer Service

(a) Due to the volume of customer service requests, we do not offer telephone support. All questions, comments, and concerns should be sent to us only after reading our entire FAQ/Help page on our web site, as many answers to common questions can be found on that page.

(b) Please allow two business days for responses to customer service inquiries.

(c) In order to ensure the preservation of account security and to promote customer service efficiency, Users should provide the best email address to contact them at.

(d) We reserve the right to block any email address.

VII. OTHER

1. Intellectual Property.

(a) The Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site, including without limitation all reports, text, video, graphics, audio, and other materials (collectively, the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to GiftMonkey.com or to third parties.

(b) You may use the Site and the Content solely for your personal or internal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. GiftMonkey.com reserves complete title and full intellectual property rights in any Content you download from the Site. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site, except as expressly permitted by this User Agreement. You may not mirror or frame the home page or any other pages of the Site on any other web site or web page and may not connect links, including "deep links" to the Site. You may not use a robot, scraper, or other automated means of accessing the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

2. Disclaimer of Warranties.

(a) THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. GiftMonkey.com MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. GiftMonkey.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES PROVIDED BY GiftMonkey.com , AND THE CONTENT.

(b) GiftMonkey.com DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. GiftMonkey.com DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED "WITH ALL FAULTS," ON AN "AS IS" AND "AS AVAILABLE" BASIS.

3. Limitation of Liability.

(a) TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, GiftMonkey.com WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GiftMonkey.com BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF GiftMonkey.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. User Conduct.

(a) You agree to use the Site only for lawful purposes. you agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of GiftMonkey.com or any third party.

5. Indemnification.

(a) You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless GiftMonkey.com , its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of this User Agreement.

6. General Provisions.

(a) Enforcement/ Choice of Law/ Choice of Forum. Every provision of this User Agreement will be construed, to the extent possible, so as to be valid and enforceable. If any provision of this User Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision will, to the extent so held, be deemed severed from this User Agreement, and all other provisions will remain in full force and effect. Any and all disputes relating to this User Agreement, the Site, your use thereof, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the state of California, without regard to any conflict of laws provisions. Any Dispute will be venued in a state or federal court situated in the state of California, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

(b) Entire Agreement/No Waiver. This User Agreement and the Privacy Policy incorporated herein by reference constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by GiftMonkey.com of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

(c) Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be correct or current. GiftMonkey.com reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. GiftMonkey.com does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.