User Agreement and Terms of Service for GratitudePoint Service
Last Modified: November 15th, 2010
Note: YOU MAY NOT ACCESS OR IN ANY WAY MAKE USE OF ThankYouHub.Com UNLESS YOU ARE AT LEAST 18 YEARS OLD.
This User Agreement and Terms of Service ("Agreement" or "User Agreement" or "Terms of Service" of "TOS")
is a contract between you and Gratitude Point, Inc. ("GratitudePoint") and applies to your use of the
GratitudePoint service (through ThankYouHub.Com website) and any related products and services (collectively
the "Service"). This Agreement affects your rights and you should read it carefully. We encourage you to print
the Agreement or copy it to your computer's hard drive for your reference. For additional information about the
Service and how it works, please also consult the GratitudePoint FAQs.
In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated,
"GratitudePoint," "we" or "our" will refer collectively to Gratitude Point, Inc. and its subsidiaries, affiliates,
directors, officers, employees, agents and contractors.
By clicking "I Agree", "I Accept"; or by using the Service you agree to the rules and obligations we
describe in these "Terms of Services" (which we will call the "TOS"), the GratitudePoint
forms a legally binding contract between you and GratitudePoint, and that this Agreement constitutes "a writing
signed by You" under any applicable law or regulation. This Agreement is subject to change by GratitudePoint without prior notice (unless prior
notice is required by law), by posting of the revised Agreement on the GratitudePoint website. You will receive
email notifications in advance whenever updates to this agreement are posted on our website. In addition, when
using particular GratitudePoint owned or operated services, you shall be subject to any posted guidelines or rules
applicable to such services, which guidelines or rules also may be modified without prior notice from time to time.
Any rights not expressly granted herein are reserved by Gratitude Point, Inc. You may review
the current Agreement prior to initiating a transaction at any time at our User Agreement and
Terms of Service page.
GRATITUDEPOINT RESERVES THE RIGHT TO REMOVE ANY MEMBER FOR ANY OR NO REASON FROM THE GRATITUDEPOINT NETWORK.
YOU ACKNOWLEDGE AND AGREE THAT GRATITUDEPOINT MAY STORE REMOVED INFORMATION AT ITS SOLE DISCRETION. YOU
ACKNOWLEDGE AND AGREE THAT GRATITUDEPOINT SHALL HAVE A RIGHT TO DISPLAY PUBLIC INFORMATION OF REMOVED
ACCOUNTS. YOU ACKNOWLEDGE AND AGREE THAT GRATITUDEPOINT IS NOT LIABLE FOR ANY LOST OR INTENTIONALLY DELETED
INFORMATION OR DATA.
The following are described below:
Description of Services
User Responsibility on Safety and Security
The Virtual Currency - Gratitude Points
Redeemable Funds Guarantee
Rights, Obligations and Disclaimers of GratitudePoint
On Warranties and limitation of liabilities
Notices, Contacts, and Other General Information
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- Gratitude Point (GP): This is the electronic (virtual) currency that we use on our website. Gratitude Points
can be bought and redeemed for real money in US dollars. To distinguish from the company name, the virtual
currency shall be referred to as "Gratitude Point" or "GP", while the company shall be referred to as "GratitudePoint"
or "Gratitude Point, Inc." More details about GPs can be found at
about GPs page.
- User: Anyone browsing and/or using the website whether logged in or not is a user.
- Member: Anyone who has a valid user account on the website is a Member. A Member may or may not
be logged-in while using the website.
- Transaction: A transaction on ThankYouHub.Com website is an exchange between 2 users that involves a
transfer of 0 or more Gratitude Points from 1 user to the other. Every transaction has a Request associated
with it, which is a data element as described below. A Request associated with a transaction is always
"completed" at the time of the transaction. All transactions involving a user are visible to the user in their
Gratitude Blog on the website, visible by clicking the submenu tab "Gratitude Blog" under the menu tab "My GP".
An equivalent view to see all transactions is the "GP Account" view visible by clicking the "GP Account" submenu
tab under the "My GP" menu tab. Buy, Redeem, 'Give thanks', 'Gratitude Certificates', 'Invite', and completing
Active Requests are all actions that create Transactions.
- Gratitude Blog Entry: An individual Transaction showing up in the Gratitude Blog view is called a Gratitude
Blog Entry. This is a different view of a 'complete' Request that shows the subject and details as information
about a Transaction between 2 members.
- GP Account Entry: An individual Transaction showing in the GP Account view is called a GP Account entry.
- Request: A Request is the basic data element for most interactions and
transactions between GratitudePoint Service users, and consists of a subject
and details both of which are of type text. A Request stores information on
one of the following:
- a classifieds-like request for help on a specific task that a user posts
on the website when seeking assistance
- details of a transaction on the ThankYouHub.Com website that includes:
- Gratitude Transaction that journals the gratitude expressed from 1
user to another. This shows up in the Gratitude Blog of users involved.
A Gratitude Certificate is also a form of Gratitude Transaction, and
additionally shows as a certificate in addition to being in the Gratitude
blog of users.
- A buy or redeem transaction that involves either the purchase or
redemption of Gratitude Points.
- An invite transaction that involves inviting a new user to become a
member of ThankYouHub.Com
- Circle: A Circle of a ThankYouHub.Com user is a set of all ThankYouHub.Com
users that are approved by this user and the other users (both parties involved) to
be in each-other's Circle set. The idea is a mutually approved trust relationship on
- Circle Restricted Requests: All Requests posted by a user that are set as visible to only the
members of that user's Circle.
- Public Requests: All Requests posted by users that are not specifically set as
visible only to their Circles. These Requests are potentially visible to everyone
if they know the URL to look for these Requests.
- Active Request: An active Request is a Request that can potentially receive new responses from
ThankYouHub.Com members. An active Request is a Request for help that can be seen and responded to by
other members depending on the visibility settings on that Request by the poster of the Request. Active Public
Requests are open to responses by all memebers, and Active Circle Restricted Requests are open to viewing
and responses by the members in the poster's circle.
- Complete Request: A complete Request is a Request that has successfully been archived with potential
Gratitude Points given by the poster to another member. No further responses can be posted on complete
Requests. All complete Requests show up as Gratitude Blog entries. Requests may be completed at the time of
posting/creation as is the case in "give thanks" interactions, gratitude certificates, inivitations, buy,
and redeem transactions.
- Cancelled Request: A Request that has been cancelled by the user who posted it. Such a Request has no transaction
associated with it, and is not visible to anyone besides the original poster. Cancellation of Requests cannot be undone.
- Suspended Request: A Request that has been reversably suspended by the original poster of the Request so that
it does not show to anyone else besides him/her. Such Requests can be 'unsuspended' and made 'active' and visible as
active Requests are. No activity besides 'unsuspension' can happen to a Suspended Request.
- Verified Account: A verified account refers to a Member who has purchased GPs at least once. This is
a bare minimal verification before a member is allowed to redeem any GPs from his or her account.
Description of Service
GratitudePoint provides its members with access to a rich collection of resources, including
various communications tools, forums, third-party promotional (advertising) campaign tools,
networking services, blogs, attachments, search services, personalized content and
branded programming through its network of properties which may be accessed through various
mediums or devices now known or hereafter developed (the "Service"). GratitudePoint allows its members to
post 'Requests' seeking help on all kinds of tasks, respond to such Requests and possibly connect with other
members, 'journal' their gratitude in Gratitude Blog entries and Gratitude Certificates, and give/receive/buy/redeem
cash-worthy Gratitude Points. You understand and agree
that the Service may include advertisements and other third party promotional materials,
campaigns and tools (including without limitation cookies, flash cookies, beacons, and
similar devices used by GratitudePoint or third parties), and that these advertisements, promotions
and related activities are necessary and essential for GratitudePoint's business and, therefore,
for GratitudePoint to be able to continue to provide the Service to you and its other Members. You
also understand and agree that the Service may include certain communications from GratitudePoint,
such as service announcements, administrative messages, invitations to participate in
promotional activities and the GratitudePoint Newsletter. Receiving these communications is a
condition of your GratitudePoint membership, and you will not be able to opt out of receiving
Unless explicitly stated otherwise, any new features that augment or enhance the current Service,
including, but not limited to, the release of new GratitudePoint features, applications and promotional
campaigns, shall be subject to the TOS. You acknowledge and agree that the Service is provided
"AS-IS" and that GratitudePoint assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any Member communications or personalization settings.
You acknowledge and agree that you are responsible for obtaining access to the Service
and that access may involve third party fees (such as Internet Service Provider or airtime charges).
You agree that you are responsible for such fees, including but not limited to any fees associated
with the display or delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
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You must be at least 18 years of age to register for an account and use the Service.
REGISTRATION OBLIGATIONS: In consideration of your use of the Service, you represent that you are of legal age
to form a binding contract and are not a person barred from receiving services under the applicable state and/or
federal laws of the United States. You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if GratitudePoint
has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or
otherwise violates the letter or spirit of the TOS, you acknowledge and agree that GratitudePoint may,
in its sole discretion, suspend or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof). In
addition, the balance GPs in the suspended or terminated accounts due to violations of this TOS MAY be transferred to the admininstrator account
of ThankYouHub.Com website. GratitudePoint, its agents, suppliers, and subcontractors have the
right to recover from you any costs or losses incurred as a direct or indirect result of
the inaccurate or incomplete information. Note also, that GratitudePoint reserves the right to suspend or
terminate any Member or account for no reason. You acknowledge and agree that GratitudePoint is not liable
for any information lost including but not limited to Requests, Images, attachments, Circle connections, etc.
- GRATITUDEPOINT & COPPA
ThankYouHub.Com is in compliance with Children's Online Privacy
Protection Act (COPPA).
ThankYouHub.Com is a general audience web site that complies with the Children.s Online
Privacy Protection Act (COPPA). Our system is designed to restrict individuals under the age of
18 from becoming members of ThankYouHub.Com and using our site. If we receive valid
information that a registered member is under the age of 18, the account will be closed
and personal information removed from the site.
For more information about COPPA, please visit the Federal Trade Commission's web site
If you are the parent of a child under the age of 18 who has created an account using a
false age, please notify the ThankYouHub.Com Safety Team at firstname.lastname@example.org,
and we will immediately cancel your child's account and nullify personal information
displaying on the site and collected from them.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password to login to your account in the process of
completing the Service's registration process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that occur under your password or
account. You agree to (a) immediately notify GratitudePoint of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You
may also never attempt to use anyone else's password.
You are advised never to enter your password in a webpage whose URL does not begin with "thankyouhub.com"
or "www.thankyouhub.com". You are also advised to never transmit (or attempt to transmit) your password or
other personal information to GratitudePoint via email.
You acknowledge and agree that GratitudePoint is not liable for any loss or damage arising from your
failure to comply with the TOS.
MEMBER CONDUCT: You acknowledge and agree that all information, data, identifiers of you or others you identify
as Friends, Circle members, text, software, music, sound, photographs, graphics, artwork, video, images, messages
or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. You acknowledge and agree that GratitudePoint is not responsible
for any Content that you upload, post, email, transmit or otherwise make available via the Service. You
acknowledge and agree that GratitudePoint does not control the Content posted via the Service and, as such,
does not control the accuracy, integrity, quality or any aspect of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or objectionable. You acknowledge and
agree that under no circumstances is GratitudePoint liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable; or upload images which contain
nudity (includes thongs and topless females from the back), pornography, sexually explicit, weapons,
violence, or drugs;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a GratitudePoint official, forum
leader, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted
through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment relationships or under
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
upload, post, email, transmit or otherwise make available any material that contains software viruses
or any other computer code, files or programs designed to or that would have the effect of interrupting,
destroying, or limiting the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Members.
ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law,
including but not limited to laws regarding money laundering, racketeering, solicitation of sex,
stalking, embezzling, and terrorism;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership
of material support or resources) to any organization(s) designated by the United States government as a
foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
offer any contest, giveaway, or sweepstakes;
"stalk" or otherwise harass another; or
collect or store personal data about other Members.
- NO MULTIPLE ACCOUNTS: Should you register for more than one
Personal Account, GratitudePoint reserves the right to terminate all of your accounts and
will restrict you from the system going forward.
- INTERNATIONAL USE: Acknowledging the global nature of the Internet, you agree to comply with
all local and industry rules regarding online conduct and acceptable Content. Specifically, you agree
to comply with all applicable laws regarding the transmission of technical data exported from the United
States or the country in which you reside. To be eligible for an account, you must be a resident
of the United States (USA) or one of the approved countries listed below:
- New Zealand
- United Kingdom
- PROHIBITED TRANSACTIONS: You agree that you will not use GratitudePoint to accept payment (through Gratitude
Points) for illegal products or services, including but not limited to materials that infringe the intellectual
property rights of third parties. You will not use the Service, the GratitudePoint website or any of the
services offered therein for any unlawful or fraudulent activity. If GratitudePoint has reason to believe that
you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation
any violation of any terms and conditions of this Agreement, your access to the Service
may be suspended or terminated. You will cooperate fully with GratitudePoint to investigate any
suspected unlawful, fraudulent or improper activity.
You agree not to impersonate a GratitudePoint User or a GratitudePoint representative, or to request
that a GratitudePoint customer provide you with their password or other information to
access their account.
- ELECTRONIC COMMUNICATIONS: To the fullest extent permitted by applicable law,
this Agreement and any other agreements, notices or other communications regarding
your account and/or your use of the Service ("Communications"), may be provided to you
electronically and you agree to receive all Communications from GratitudePoint in electronic
form. Electronic Communications may be posted on the pages within the GratitudePoint website
and/or delivered to your e-mail address. You may print a copy of any Communications and
retain it for your records. All Communications in either electronic or paper format will be
considered to be in "writing," and to have been received no later than five (5) business days
after posting or dissemination, whether or not you have received or retrieved the Communication.
GratitudePoint reserves the right but assumes no obligation to provide Communications in paper
format. Your consent to receive Communications electronically is valid until you revoke
your consent by notifying GratitudePoint of your decision to do so by contacting us
through this form or by telephoning customer service. If you revoke your
consent to receive Communications electronically, GratitudePoint will terminate your right to use
- CORRECT E-MAIL: You agree and warrant that you have access to the internet and to a current
functional personal e-mail address. Although we will take reasonable steps to contact you based on
information that you have provided us, GratitudePoint will not be liable for any undelivered e-mail
communications or any costs you incur for maintaining internet access and an e-mail account. You
have an AFFIRMATIVE OBLIGATION to provide GratitudePoint with a correct and operational e-mail address,
and to notify GratitudePoint promptly as to any changes or cancellations of any and all e-mail addresses
you provide GratitudePoint. Failure to provide GratitudePoint with a current, working, functional,
personal e-mail address, and/or failure to update GratitudePoint in a change or cancellation of your
e-mail address, or if GratitudePoint has reason to believe that either have occurred may result in any
or all of the following, non-exclusively: (1) the removal or deactivation by GratitudePoint of a
non-functional e-mail address from your account; (2) the replacement of a secondary e-mail address
as a new permanent e-mail address associated with your account; (3) an alteration to your user preferences
regarding GratitudePoint e-mail notifications; and/or (4) attempts by GratitudePoint to reach you personally
by phone, fax or postal mail. GratitudePoint reserves the right to take measures to ensure the integrity of
its contact directory, and expects that you, as a user, will cooperate and keep your contact information
- NO FRAMING: Because GratitudePoint members are warned never to enter their GratitudePoint account password into
any page whose URL does not begin with www.thankyouhub.com or thankyouhub.com, the use of "framing,"
where a 3rd party site displays a portion of the GratitudePoint website inside a webpage whose URL does not begin
with www.thankyouhub.com or thankyouhub.com, is prohibited.
- UNCLAIMED PROPERTY: If you do not access your account for a period of 6 months, it may be
terminated. After the date of termination, we will use the information you provided to try to send you
any funds that we are holding in custody for you. If that information is not correct, and we are unable
to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of
- CLOSING YOUR ACCOUNT: You may close your account at any time by calling the customer service
telephone of GratitudePoint. Upon closure of an account, any pending transactions will be
cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable fees,
will be paid to you by check, assuming all withdrawal related authentication requirements have been fulfilled
(for example, you may not use closure of your account as a means of evading withdrawal limits on new Unverified
users). You may not use closure of your account as a means of evading investigation - if an investigation is
pending at the time you close your account, GratitudePoint may continue to hold your funds for up to 180 days
as appropriate to protect GratitudePoint against the risk of reversals. If you are later determined to be
entitled to some or all of the funds in dispute, GratitudePoint will make an additional payment of those funds
to you. You will remain liable for all obligations related to your account even after such account is closed.
- HACKING: If you use, or attempt to use the Service for purposes other than sending and receiving
payments and managing your account, including but not limited to tampering, hacking, modifying or otherwise
corrupting the security or functionality of Service, your account will be terminated and you will be subject
to damages and other penalties, including criminal prosecution where available.
NO CASH ADVANCES: You agree not to engage in behavior that could reasonably be
construed as providing yourself a cash advance from your credit card, and agree not to assist Users who
engage in behavior that could reasonably be construed as providing themselves a cash advance from their
credit cards. Such behavior includes, but is not limited to, a User paying someone with a credit
card-funded payment through the Service, then receiving the funds back from the original Recipient
and attempting to withdraw the funds from their account. GratitudePoint reserves the right to reverse
all such transactions and to terminate any accounts that are associated with such behavior.
- SECURITY INTEREST; GratitudePoint's Right to Setoff: To secure your performance of this Agreement,
you grant to GratitudePoint a lien on and security interest in your account. In addition, you acknowledge
that GratitudePoint may setoff against any accounts you own for any obligation you owe GratitudePoint at any time
and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you
owe individually or together with someone else. GratitudePoint may consider this Agreement as your consent to
GratitudePoint's asserting its security interest or exercising its right of setoff should any law require your
consent. The rights described in this section are in addition to and apart from any other rights.
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User Responsibility on Safety and Security
ThankYouHub.Com websites allow users to connect (in-person or through other media) with each other with a
primary aim to help each other. GratitudePoint however, does not screen the users or members. It is the
responsibility of a user to take suffient safeguards for the safety and security of themselves and their
possessions. Users should take adequate precautions before meeting someone they do not know, and before allowing
strangers into their premises. GratitudePoint is not liable for acts of Members of Users, in-person or online,
as they are beyond the control of GratitudePoint.
GratitudePoint service provides access to feedback left for Members by other Members. This feedback may be used by
you to decide whether to connect with a Member or not. Regardless of how approving or disapproving the feedback is for
a Member, you should not consider it as an approval or disapproval of the Member by GratitudePoint. Feedback about
Members is one of the tools you may use in deciding whether to engage with them or not. GratitudePoint does not
guarantee the authenticity of the feedback left by other members, and does not screen or verify it. GratitudePoint is
not liable for any losses arising out of your decision to engage with any other Member or user of GratitudePoint.
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The Virtual Currency Gratitude Points
ThankYouHub.Com website includes a virtual currency also known as "Gratitude Point"s or "GP"s
which may be purchased with real currency, can then be exchanged on the Web site with other users,
and may be redeemed for real currency. Currently, the only real currency that can be exchanged for
Gratitude Points is US dollars.
- PURCHASE OF GRATITUDE POINTS WITH REAL CURRENCY: Gratitude Points may be purchased for US dollars.
Every dollar buys 4 Gratitude Points, or equivalently the purchase value of a Gratitude Point
is 25 cents. While Gratitude Points are redeemable for US dollars, please read below for the terms and conditions
for redemption. The minimum number of Gratitude Points that can be purchased in a transaction is
currently 20. This minimum number is subject to change without notice.
- REDEMPTION OF GRATITUDE POINTS FOR REAL CURRENCY
Gratitude Points may be redeemed for US dollars. The
redemption value of a Gratitude Point is 20 cents or equivalently 5 Gratitude Points are required to
redeem 1 dollar. The redeemable value of GPs is a bit less than the purchase value in order to discourage
redemption and promote exchange of GPs among members as they seek and provide more and more help from/to each
other. The minimum number of Gratitude Points that need to be redeemed in any redemption transaction is
20. This minimum requirement on GPs that can be redeemed holds even if a member closes their account.
If while closing their member account, a member cannot redeem their GP balance because of this minimum
requirement, they can choose to give these balance GPs to another member of their choice. A member may also purchase
GPs to bring their GP balance to the minimum requirement to be able to redeem the GPs. If they do not
choose a member to give their balance GPs to, and also do not buy more GPs to raise their balance to the minimum
required GPs to redeem, these GPs would be lost to the member, and will be transferred to the GratitudePoint
A "Verified Account" is required before any GPs can be redeemed by a Member. A Member must have at least one
purchase ("buy") transaction of GPs to earn a Member Account status of "verified".
Redemptions of Gratitude Points (GPs): The cash equivalent of the redeemed GPs will be sent to you
EXCLUSIVELY THROUGH PAYPAL (http://paypal.com) to the email address used to login to your account on
ThankYouHub.Com. PayPal currently allows up to 8 email addresses to be linked to a PayPal account. (See
https://www.paypal.com/us/cgi-bin/webscr?cmd=_batch-payment-converting-outside). It is the member's
responsibility to make sure that their email address used in logging on to ThankYouHub.Com is linked to their
Paypal account, or that they can create a new PayPal account with the said email address - so that they
are able to make use of the cash from redeemed GPs. Restrictions and other limitations on transfers from that
PayPal account may exist. Please see PayPal (http://www.paypal.com) for additional details on their service.
- CHANGES IN THE PURCHASE OR REDEMPTION VALUE OF GRATITUDE POINTS: The purchase and redemption value of GPs
shall be exclusively decided by GratitudePoint. Although it is expected to change extremely infrequently,
if at all, GratitudePoint reserves the right to do so at any time. Members will be advised of any changes to
the value of Gratitude Points for purchase or redemption with an advance notice of at least 30 days via email
notification that directs them to a post on our website. This will allow the members to redeem any outstanding
balance of Gratitude Points at the existing value, if they choose so. All the usual terms and conditions for
purchase and redemptions shall be applicable during any such notice period.
GIVING OF GRATITUDE POINTS TO MEMBERS OF THANKYOUHUB.COM: Members may give Gratitude Points (GPs) to other Members
through various methods on ThankYouHub.Com. These include "give thanks", "invite", "completing of Requests",
"Gratitude Certificates" etc. Any such activity that can be considered as artificial consolidation of any Promotional
GPs given by GratitudePoint into 1 or a few accounts for the sole purpose of redemption is not allowed, and will
be considered a violation of this TOS.
- GIVING OF GRATITUDE POINTS TO NON-MEMBERS OF THANKYOUHUB.COM: ThankYouHub.Com allows Members to give
Gratitude Points to non-Members just using the email addresses to
identify them. In case no Member with the recipient email address exits, a new account is created with that email
address, and the Gratitude Points transferred to it. Such an account created by the system is called a Partial
Account, and is not accessible by logging on until the owner of that email address completes the registration
process on ThankYouHub.Com website.
However all Gratitude Points transferred to such an account (email address) are stored and available to the account
for at least 6 months of inactivity. Emails are sent to the email address of such accounts on any receive activity,
as well as reminders are sent to request the owner of the email address to complete the registration process. If
the owner of such an email address completes the registration process withing 6 months of the last receive activity
on the account, such received Gratitude Points are available to the new Member. After 6 months of no activity
on a Partial Account, a partial account may be closed, and all balance Gratitude Points transferred to the
GratitudePoint Admin account.
- IRREVERSIBLE TRANSFER OF GRATITUDE POINTS: All Transactions on GratitudePoint websites are final, and
cannot be reversed, except at the sole discretion of GratitudePoint. This includes all Gratitude Points given
by Members to other Members or even non-Members. GratitudePoint may reverse some Transactions if there are reasons
to suspect fraudulent activity, or any activity that violates this TOS.
- TAX RESPONSIBILITY OF MEMBERS: Since Gratitude Points are redeemable for actual currency, the tax laws in
your region may treat any received GPs as earnings or income. If that is the case, you are required to report your earnings correctly
and follow all applicable tax laws. GratitudePoint is not responsible for your compliance with your local,
national, or other tax laws.
- AVAILABLE GRATITUDE POINTS VERSUS YOUR GRATITUDE POINT BALANCE: Gratitude Points that are available to
redeem or to set aside for new Requests MAY be less than the GP balance in your account. This is because several
GPs may be set aside for every Active Request. This is done so that when you complete the Active Requests, you have
some GPs set aside earlier to give as part of the new transaction. Suspension of an Active Request does not make
the GPs set aside for that Request available for other transactions. However, cancellation of an Active
Request can make the GPs set aside for that Request instantly available for other transactions.
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Redeemable Funds Guarantee
GratitudePoint will at all times hold funds worth your redeemable value of your Gratitude Point account balance
separate from its corporate funds, will not use your funds for its operating expenses
or any other corporate purposes, and will not voluntarily make funds available to its
creditors in the event of bankruptcy or for any other purpose. You acknowledge that
(i) GratitudePoint is not a bank; and the Service to be able to exchange money through Gratitude Points
is simply that service rather than a banking service, and (ii) GratitudePoint is not acting as a trustee,
fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.
You are not required to keep funds in the GratitudePoint system (i.e., carry a balance in your
GratitudePoint account) in order to use the Service. If you do carry a balance in your
GratitudePoint account GratitudePoint will pool your funds together with funds from other
Users, and will place those funds in accounts at one or more
FDIC-insured banks ("Pooled Accounts"). You agree that any earnings
on the Pooled Accounts will be the property of GratitudePoint, and you will not receive interest
or other earnings on the funds equivalent to your Gratitude Point balance that GratitudePoint handles.
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Rights, Obligations and Disclaimers of GratitudePoint
- PRIVACY: We take the privacy of your personal information very seriously at GratitudePoint.
for more information on this topic.
OUR RIGHTS CONCERNING CONTENT THAT YOU OR OTHER MEMBERS PROVIDE:
You acknowledge and agree that GratitudePoint may or may not pre-screen Content, but that GratitudePoint and its
designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or
remove any Content that is available via the Service. Without limiting the foregoing, GratitudePoint and its
designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree and accept liability associated with the use of any Content, including but not limited to your
reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge and
agree that you may not rely on any Content created by GratitudePoint or submitted to GratitudePoint, including
without limitation information in GratitudePoint Forums, Requests, Transactions, Certificates, and in all other parts of the Service.
You acknowledge and agree that GratitudePoint may access, preserve, and disclose your account information and
Content if required to do so by law or in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any
Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for
customer service; or (e) protect the rights, property, or personal safety of GratitudePoint, its Members and
You acknowledge and agree that the technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
You acknowledge and agree that the Service and software embodied within the Service may include security
components that permit digital materials to be protected, and use of these materials is subject to usage
rules set by GratitudePoint and/or Content providers who provide Content to the Service. You shall not attempt
to override or circumvent any of the usage rules embedded into the Service. You acknowledge and agree that
any unauthorized reproduction, publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited.
Although GratitudePoint cannot monitor the conduct of its Members off the Web site or on the Web site, you
acknowledge and agree that it is a violation of the TOS for you to use (or allow others to use) any
information obtained from the Service in order to harass, abuse, or harm another person, or in order to
advertise to, solicit, or sell to any Member or person without their prior written consent.
You agree that you are solely liable and responsible for all your interactions with other GratitudePoint Members
and Users. This includes any and all interactions on the website, on phone, in-person, and all other channels
and means of communications. GratitudePoint reserves the right, but has no obligation, to monitor disputes between
you and other Members.
OUR RIGHTS CONCERNING CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
You acknowledge and agree that GratitudePoint does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant GratitudePoint the following
perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license(s), as applicable.
With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service,
the perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service for the purpose for which such Content was submitted or made available
and for any promotional and commercial purposes by GratitudePoint and its affiliates or by third parties
at GratitudePoint's sole discretion. For the avoidance of doubt, GratitudePoint may continue to make available
such Content on the network and GratitudePoint will continue to have the aforementioned rights even if your
account is terminated.
With respect to Content you submit or make available for inclusion in areas only accessible by other Members
as selected by you, you grant GratitudePoint and such other Members a perpetual, irrevocable license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose
for which such Content was submitted or made available and for any other purpose in connection with promotional
campaigns run and made available by GratitudePoint at GratitudePoint's sole discretion. For the avoidance of
doubt and for illustration purposes, GratitudePoint and such other Members may continue to make available such Content on the network
for the stated purposes and GratitudePoint will continue to have the aforementioned rights even if your
account is terminated.
You acknowledge and agree that Members whom you accept or designate as Circle Members (similar to Friends
on many social networking sites) will have access to some or
all of your Content. You acknowledge and agree that in connection with the Services or GratitudePoint's
promotional and commercial activities, GratitudePoint and your friends may cause some or all of your Content to be published
to other Members or to third parties authorized by GratitudePoint to use or access Content.
For purposes of these TOS, "publicly accessible" areas of the Service are those areas of the GratitudePoint
network of properties that are intended by GratitudePoint to be available to the general public. By way of
example and not limitation, publicly accessible areas of the Service would include GratitudePoint Forums,
public profile, blogs, Public Requests etc. However, publicly accessible areas of the Service would not include
GratitudePoint services intended for private communication such as Transactions designated as private, Private
Profile view or areas off of the GratitudePoint network of properties such as portions of World Wide Web sites that are accessible through
hypertext or other links but that are not hosted or served by GratitudePoint.
You acknowledge and agree that your feedback, comments and suggestions about GratitudePoint may be used
without any obligation to compensate you for them. You further acknowledge and agree that your feedback,
comments and suggestions are completely voluntary.
- INDEMNITY: YOU AGREE TO INDEMNIFY AND HOLD GRATITUDEPOINT AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND,
INCLUDING ANY ATTORNEYS' FEES, GRATITUDEPOINT (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT
OF YOUR ACTIONS AND/OR ANY CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR
ACCESS AND USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION
OF ANY RIGHTS OF ANOTHER. YOU FURTHER AGREE TO INDEMNIFY AND HOLD GRATITUDEPOINT AND ITS SHAREHOLDERS,
SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS
FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, GRATITUDEPOINT (OR THE OTHER INDEMNITEES) MAY INCUR
RESULTING FROM OR ARISING OUT OF YOUR USE OR TRANSMISSION OF OTHER MEMBERS. CONTENT IN CONNECTION WITH
PROMOTIONAL TOOLS AND PROMOTIONAL CAMPAIGNS MADE AVAILABLE BY GRATITUDEPOINT.
- NO RESALE OF SERVICE: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service (including your GratitudePoint I.D.), use of the Service,
or access to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE: You acknowledge and agree that GratitudePoint may establish
general practices and limits concerning use of the Service, including without limitation the maximum number
of days that Active Requests, Forum postings or other uploaded Content will be retained by the
Service, the maximum number of Transactions that may be sent from or received by an account on the
Service, the maximum size of any Request, Feedback, or post that may be sent from or received by an account
on the Service, and the maximum disk space that will be allotted on GratitudePoint's servers on your behalf.
You agree that GratitudePoint has no responsibility or liability for the deletion or failure to store any messages
and other communications or other Content maintained or transmitted by or through the Service. You acknowledge
and agree that GratitudePoint at its sole discretion reserves the right to log off accounts that are inactive for
an extended period of time. You further acknowledge and agree that GratitudePoint reserves the right to modify
these general practices and limits from time to time and without notice to you.
- MODIFICATIONS TO SERVICE: GratitudePoint reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree
that GratitudePoint is not liable to you or to any third party for any modification, suspension or discontinuance
of the Service.
- TERMINATION AND LIMITING ACCOUNT ACCESS
You agree that GratitudePoint may, under certain circumstances and without prior notice, immediately terminate
your GratitudePoint account, any associated other accounts, and access to the Service. Cause for such termination
shall include, but is not limited to, (a) breaches or violations of the TOS or other incorporated agreements
or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material
modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems,
and (e) extended periods of inactivity. Termination of your GratitudePoint account includes (a) removal of
account access to all offerings within the Service available with a password, including but not limited to
Private Transactions, attachments, Requests, and images that are member restricted, (b) deletion of your password,
and (c) barring further use of the Service. Further, you agree that all terminations may be made in
GratitudePoint's sole discretion and
that GratitudePoint shall not be liable to you or any third party for any termination of your account, any
associated content, or access to the Service.
When we terminate a Member account for any reason, we will indicate this to the user through an email sent to
their email address on file with GratitudePoint, and pay to the Member any undisputed funds equivalent to the
redemption value of the undisputed GP balance in the closed account.
GratitudePoint, at its sole discretion, also reserves the right to limit access to initiating Transactions,
purchasing, or redeeming GratitudePoints from an account for any one of the events listed below. If the dispute
covers only a specific transaction, we will only limit access to funds (Gratitude Points) related to
that particular transaction. If your account access has been limited, you will be notified by e-mail and
requested to provide information relevant to your account. GratitudePoint will investigate the matter promptly.
If the investigation is in your favor, we will restore access to your account. If the investigation is not in
your favor, GratitudePoint may return funds (Gratitude Points) to the sender and restore access to the remainder
of your account, or may close your account by giving you notice and sending you any funds equivalent to GPs in your
account (minus those that are in dispute). If you are later determined
to be entitled to the funds in dispute, GratitudePoint will make an additional payment of those funds to you.
Any of the following events may lead to your account being limited:
- Reports of unauthorized or unusual credit card use associated with the account including,
but not limited to, notice by the card issuing bank;
- Receipt of potentially fraudulent funds;
- Excessive disputes or reversals
- Refusal to cooperate in an investigation or provide confirmation of identity when requested;
- Initiation of transactions considered to be cash advances or assisting in cash advances;
- Sending unsolicited email or posting referral links on websites where they are not permitted;
- Opening multiple Personal accounts;
- The account has been used in or to facilitate fraudulent activity;
- The account has been used in or to facilitate illegal activity;
- Violations of this User Agreement;
- Use of an anonymizing proxy;
- Participating in prohibited transactions and activities, including but not limited to multi-level
marketing programs, gifting clubs and other pyramid schemes, and listing items for sale that have a delayed
delivery date of 20 days or more after the transaction list, and other activities that are prohibited;
- Receipt by GratitudePoint of excessive complaints regarding your account
GratitudePoint will use reasonable efforts to investigate accounts that are subject to account access
limitations and to reach a final decision on the limitations promptly.
PROCESSING OF PURCHASES AND REDEMPTIONS OF GRATITUDE POINTS (GP): GratitudePoint shall make
reasonable efforts to ensure that requests for purchases and redemptions of GPs are processed
in a timely manner. However, a number of factors, several of which are outside of our control, may
contribute to when the transactions are completed. We make no representations or warranties regarding the
amount of time needed to complete processing, such as delays in the PayPal service, or banking system or the U.S. or
international mail service, nor shall we be liable for any actual or consequential damages arising
from any claim of delay.
GRATITUDEPOINT'S PROPRIETARY RIGHTS:
You acknowledge and agree that the Service and any software used in connection
with the Service ("Software") contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor
advertisements or presented to you through the Service or by advertisers may be protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by
GratitudePoint or an advertiser, you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service, the Software, or advertisers. Content, in whole or in part.
GratitudePoint grants you a personal, non-transferable and non-exclusive right and license to use the object
code of its Software on a single computer; provided that you do not (and do not allow any third party to)
copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in, infringe or otherwise transfer or
attempt to transfer any Rights in the Software. You agree not to modify the Software in any manner or form,
or to use modified versions of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any means other than through
the interface that is provided by GratitudePoint for use in accessing the Service.
- DEALINGS WITH ADVERTISERS: Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with such dealings, are solely between
you and such advertiser. You agree that GratitudePoint shall not be responsible or liable for any loss or damage
of any sort caused or alleged to be caused by or in connection with any such dealings or as the result of the
presence of such advertisers on the Service. By way of example only, you agree that GratitudePoint will not be
liable to you for any failure by an advertiser to provide any service or product you ordered from it.
- LINKS: The Service may provide, or third parties may provide, links to other World Wide Web sites or
resources. Because GratitudePoint has no control over such sites and resources, you acknowledge and agree that
GratitudePoint is not responsible for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that GratitudePoint shall not be responsible or
liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in
connection with use of or reliance on any such Content, goods or services available on or through any such
site or resource.
- GratitudePoint reserves the right to hold redeemed funds beyond the normal distribution
periods for transactions it deems suspicious or for accounts conducting high transaction volumes
to ensure integrity of the funds.
- GratitudePoint shall not be responsible for payments made to unintended Recipients or for
payments made in incorrect amounts due to the input of incorrect information by Senders.
- Verification of Users is only an indication of increased likelihood that a User's identity
is correct. GratitudePoint shall not be responsible for any fraud, deception or misrepresentations
by Users, whether or not the User is Verified.
- GratitudePoint will not have any liability in connection with any unauthorized interception or use of
data relating to you or the GratitudePoint service; any inability by you to use or access the service or the
GratitudePoint website for any reason; any actions or transactions by an individual that uses your user name
and password with your consent or knowledge; or any cause over which GratitudePoint, Inc. does not have
direct control, including problems attributable to computer hardware or software (including computer viruses),
telephone or other communications, or internet service providers.
- In no event shall GratitudePoint be liable (A) for damages caused other than by intentional misconduct or
(B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not
limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising
out of or in any way related to your use of or inability to use the Service or the GratitudePoint website,
even if GratitudePoint, Inc. has been advised of the possibility of such damages. In no event shall GratitudePoint,
Inc. be liable for any act or omission of any third party (such as, for example, any provider of
telecommunications services, internet access or computer equipment or software) or any circumstances
beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike,
act of civil or military authority, equipment failure, computer virus, or failure or interruption of
electrical, telecommunications or other utility services).
- SECURITY OF INFORMATION ENTERED ON THE WEBSITE: GratitudePoint strongly suggests that you use a web browser
with 128-bit encryption. However, regardless of whether you use a web browser with security features,
GratitudePoint is unable to guarantee that data transmitted is secure and/or willnot be intercepted by
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On Warranties and limitation of liabilities
- DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. GRATITUDEPOINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
- GRATITUDEPOINT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR OTHERS. COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRATITUDEPOINT OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU ACKNOWLEDGE AND AGREE THAT GRATITUDEPOINT USES COMMERCIALLY REASONABLE EFFORTS TO PROTECT ITS MEMBERS,
BUT THAT GRATITUDEPOINT DOES NOT GUARANTEE THAT THE USE OF THE SERVICE WILL BE SAFE OR SECURE.
YOU ACKNOWLEDGE THAT ANY INTERACTION WITH MEMBERS OR USERS OUTSIDE THE SCOPE OF THE THANKYOUHUB.COM
WEBSITE (I.E. AT A PUBLIC PLACE OR RESIDENCE) IS AT YOUR OWN RISK AND DISCRETION, EVEN TO THE EXTENT SUCH
INTERACTION RELATES BACK TO CONTENT POSTED ON THE THANKYOUHUB.COM WEBSITE.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS
RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMER AND
LIABILITY LIMITATION COVENANTS CONTAINED HEREIN, GRATITUDEPOINT.S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED
THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID GRATITUDEPOINT IN THE PAST TWELVE MONTHS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GRATITUDEPOINT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF GRATITUDEPOINT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
OTHER GRATITUDEPOINT MEMBERS WITH WHOM YOU CHOOSE TO ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT
COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE.
HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST GRATITUDEPOINT IN CONNECTION WITH SUCH
USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOS OR NOT.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS
1 AND 2 MAY NOT APPLY TO YOU.
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Notices, Contacts, and Other General Information
- NOTICES: GratitudePoint may provide you with notices, including those regarding changes to the TOS, either by
email, regular mail, or postings on the Service.
NO THIRD PARTY BENEFICIARIES: You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries of this agreement.
- TRADEMARK INFORMATION: GratitudePoint trademarks and service marks and other GratitudePoint logos and product
and service names are trademarks of GratitudePoint or its licensors (the "GratitudePoint Marks"). Without
GratitudePoint's prior permission, you agree not to display or use, in any manner, the GratitudePoint Marks.
Notwithstanding the above, HTML logos provided by GratitudePoint through its Affiliate Program ("Logos"), may be
used without prior written consent for the purpose of directing web traffic to the Service. These Logos may
not be altered, modified, or changed in any way, or used in a manner that is disparaging to GratitudePoint or
the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by GratitudePoint.
No partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created
by this Agreement.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
respects the intellectual property of others, and we ask our Members to do the same. GratitudePoint may, in
appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of Members whom
GratitudePoint believes are or may be infringers and, particularly, repeat infringers. GratitudePoint reserves
the right to terminate or reclaim your account if GratitudePoint believes appropriate (for example, if
GratitudePoint believes that your username infringes third party.s trademark rights).
If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide GratitudePoint's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email 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 the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and
that you are the copyright or intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
GratitudePoint's Agent for notice of claims of copyright or other intellectual property infringement can
be reached as follows:
GratitudePoint will consider the information you provide and other information it may obtain. In its sole
discretion, and notwithstanding the permissions you provided in these TOS, GratitudePoint may remove any Content
that it finds to have infringed on your Rights.
- GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and GratitudePoint and
govern your use of the Service, superseding any prior agreements between you and GratitudePoint. You also
may be subject to additional terms and conditions that may apply when you use or purchase certain other
GratitudePoint services, affiliate services, third-party content or third-party software.
Governing Law. This TOS shall be governed by and construed in accordance with the laws of the
State of Texas without regard to the conflicts of laws principles thereof.
Disputes. You agree that any dispute relating in any way to your access and/or use of
GratitudePoint, these TOS, or to the use or access of GratitudePoint by third parties shall exclusively
be submitted to a confidential arbitration in Texas in or near Dallas, TX. To the extent that
you have in any manner violated or threatened to violate any of GratitudePoint's Rights or GratitudePoint
Marks, GratitudePoint may seek injunctive or other appropriate relief in the state or federal courts in
Texas or, at GratitudePoint's election, some other court in which jurisdiction over you would proper.
You agree to the exclusive jurisdiction and venue of the Texas state and federal courts (or such
other court as GratitudePoint may so elect) for the resolution of any disputes between or involving you and us.
Arbitration under this agreement shall be conducted under the then current rules of the American Arbitration
Association: however, notwithstanding anything to the contrary in any current or future such rules or governing
law, the arbitrator shall have no power to vary the terms of the TOS or to award you attorneys' fees.
The arbitrator's award shall be binding and may be entered as a judgment in any court of competent
jurisdiction in any country or state worldwide. To the fullest extent permitted by applicable law, no arbitration under these TOS shall
be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration
proceedings or otherwise.
Waiver and Severability of Terms. The failure of GratitudePoint to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is
found to be invalid by an arbitrator or pursuant to the disputes section above a court of competent jurisdiction,
the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties'
intentions as reflected in the provision. The other provisions of the TOS shall remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your GratitudePoint account is
non-transferable and any rights to your GratitudePoint I.D. or account terminate upon your death. Upon
receipt of a copy of a death certificate, your account may be terminated.
Statute of Limitations. You agree that, regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred. Notwithstanding the previous,
GratitudePointís rights to pursue any claim or cause of action shall be valid for the maximum time
allowed by any applicable statute of limitations, and if no such statute applies, shall be unlimited.
Headings. The section titles in the TOS are for convenience only and have no legal or contractual
Assignment. These TOS, and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by GratitudePoint without restriction.
If you are located outside the United States, you acknowledge and agree to having your data transferred to
and processed in the United States.
- REPORTING VIOLATIONS: Please report any violations of the TOS to email@example.com.
- PHYSICAL ADDRESS
Gratitude Point, Inc.
4411 McKinney Avenue, # 32
Dallas, TX 75205
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