Terms & Conditions

2. Eligibility. You must be 18 years of age or older and have the capacity to form a binding contract in order to use, register with, or otherwise participate in the Gifting Tree Service. By registering with and/or using the Website, You represent and warrant to Gifting Tree that You are 18 years of age or older and that You have the right, authority and capacity to agree to and abide by these Terms of Use.

3. Website Content:

• Gifting Tree Content. All content provided via the Website and/or Gifting Tree Service, including without limitation the text, graphics, images logos, trademarks, copyrighted material, buttons, icons, software and other content and the collection, arrangement and assembly of all Gifting Tree Content (collectively, "Gifting Tree Content"), are and/or may be protected under copyright, patent, trademark and other laws. As between You and Company, all Gifting Tree Content is Company's exclusive property. Unauthorized use of Gifting Tree Content may violate copyright, patent, trademark, or other right of Gifting Tree and/or any other person or entity as well as applicable laws. You shall not copy or adapt the code that Company creates to generate any Gifting Tree Content or the pages making up the Website, which is also protected by Company’s copyright.

• Your Content. You will be able to participate in the Gifting Tree Service in a variety of ways, including (i) as a registrant ("Registrant") by creating and updating your profile and registry, and (ii) as a purchaser ("Purchaser") by browsing the Website, purchasing a gift for a Registrant, or sending a Registrant a personalized gift message. As a Registrant you will be able to create your own profile, which will include your name, event date, up to 140 character message and photo, and create your own universal gift registry by linking to your existing registries at third party retailers using your username and password for those retailers. By linking to your existing registries, Company will have access to certain information You have added to your registry, account and/or profile information at the applicable third party retailers. Any text, photographs, or other information, materials and/or content uploaded, posted, or otherwise submitted by You to the Website (collectively "Your Content") will be treated in accordance with these Terms of Use and our Privacy Policy, available at www.giftingtree/privacypolicy.

  You represent and warrant that any of Your Content that you upload, post, or otherwise submit to Company via the Website: (i) is accurate, truthful, complete, and current, (ii) does not violate or infringe upon the intellectual property or any other right of any other person or entity, including without limitation copyright, trademark, trade secret, patent, and the right of privacy and publicity, and (iii) does not constitute libel, slander, or defamation and does not violate any applicable laws.

  By uploading, posting or otherwise submitting Your Content to the Website, you automatically grant to Gifting Tree a royalty-free, irrevocable, non-exclusive and fully transferable right and license to exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements, and otherwise exploit, Your Content and any portions or excerpts thereof, in any manner, including advertising, promoting and publicizing Company, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation or additional payment of any kind to You or any third party.

• Content Posted by Other Users. Company is not responsible for, and does not endorse, any content or any opinion, recommendation, or advice expressed by others in any gift message or posting made by other users on the Website. Under no circumstances shall the Gifting Tree Entities(as defined below) be held liable, directly or indirectly, for any loss or damage in connection with any content posted by a third party on the Website or via the Gifting Tree Service. If you become aware of misuse of the Website or the Gifting Tree Service by any person, please contact Company at This email address is being protected from spambots. You need JavaScript enabled to view it..

• Use of Website. Gifting Tree grants to you a limited license to access and make personal use of the Website subject to these Terms of Use, including the Code of Conduct, detailed below in Section 9. You may not modify Gifting Tree Content or reproduce, display, publicly perform, distribute, or otherwise use Gifting Tree Content or the Website in any way for any public or commercial purpose, except as expressly authorized in writing by Company. Except for the limited purpose of sharing and publicizing your unique Gifting Tree URL, e.g. www.giftingtree.com/sarahsmith, the use of Gifting Tree Content on other websites for any purpose or is prohibited.

4. Purchase. Both Registrants and non-Registrants of Gifting Tree may purchase gifts for a registrant of the Website. Purchasers may contribute either the full cost of a gift or a partial cost of a gift on a Registrant’s registry. Purchases, either full or partial, will be processed immediately by Gifting Tree’s third party payment processor and charged to the Purchaser’s method of payment. Once the gift is 100% funded, Gifting Tree will automatically purchase the gift for the Registrant and ship the gift to the address provided by Registrant to Gifting Tree. In the event a gift is only partially funded at the conclusion of the registry period, Gifting Tree will provide Registrant with a gift card in the amount of the partially funded gift or re-direct the purchased funds to another gift on Registrant’s registry, in Gifting Tree’s sole discretion. Gifting Tree does not accept returns directly. The gifts are purchased from third party retailers and Registrant may return gifts to the third party retailer from whom the gift was purchased in accordance with that retailer’s return policy. For more information on Gifting Tree’s shipping, tax, and return policy, please see [insert FAQ]. In Gifting Tree’s sole discretion, Gifting Tree may elect to cancel a purchase or re-direct the purchased funds to another gift. This may happen for a variety of reasons, including if the price of gift has changed, the gift is out of stock, or the gift is only partially funded. Gifting Tree will notify Purchaser if a gift in the registry is no longer available.

5. Links to other Websites. When a Registrant links his/her Gifting Tree account to a third party retailer account, the products, services, prices, information and other content are controlled by that specific third party retailer and not by Gifting Tree. To the extent our Website contains links and hyperlinks to third party retailers and other third party sites, the availability and content of which Gifting Tree does not control, any concerns regarding any such information, prices, products or services, or any link or hyperlink thereto, should be directed to the particular third party retailer. Gifting Tree reserves the right to correct any errors, inaccuracies or omissions and to change or update information from such third party retailers and other third party sites at any time without prior notice (including after you have registered or purchased a gift).

6. Inaccuracy Disclaimer. From time to time there may be information on the Website (not linked or hyperlinked to a third party site) that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Gifting Tree reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have registered or purchased a gift).

7. Term and Termination. These Terms of Use will remain in full force and effect while your account is active. You may terminate Your account at any time, for any reason by following the instructions on the Website. Likewise, Company may terminate or suspend Your account for any reason, at any time, at its sole discretion, including without limitation Your (or anyone who uses or accesses Your account) breach of these Terms of Use. In the event Your account is terminated and You have purchases in your account, You will receive the value of those purchases via gift card, which will be sent to Your e-mail or profile’s contact address.

8. Privacy. Use of the Website is also governed by our Privacy Policy. Your profile information and other personal information may be used by Company in accordance with Company’s Privacy Policy, available at www.giftingtree/privacypolicy

9. Code of Conduct. As a condition of use of the Website and/or Gifting Tree Service, You promise not to use the Website or Gifting Tree Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of Your activity in connection with the Website and Gifting Tree Service. You shall abide by all applicable local, state, national and international laws and regulations. Additionally, You shall not, and shall not permit any third party through Your Gifting Tree account: to upload, download, post, or otherwise submit any Content or take any action that, in Company’s sole discretion: (i) violates or infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of any other person or entity or any law or contractual duty; (ii) is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, illegal, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Company in its sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); (v) contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Website, Company or any third party retailer; (vi) other than for the purpose of making purchase, includes anyone's sensitive personal or financial information; (vii) breaches these Terms of Use or the Privacy Policy available at www.giftingtree/privacypolicy; or (viii) violates or attempts to violate the security of the Website, including without limitation (a) accessing data not intended for You or logging into a server, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures or using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on any the Website, or (c) using a password or access code not issued to the Registrant.

10. WARRANTY DISCLAIMER & RELEASE. THE WEBSITE, GIFTING TREE SERVICE, AND WEBSITE CONTENT, AND ANY PRODUCTS OR SERVICES ACCESSED OR PROVIDED BY THE WEBSITE AND/OR GIFTING TREE SERVICE ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND BY COMPANY, EITHER EXPRESS OR IMPLIED. COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY "GIFTING TREE ENTITIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN CONNECTION WITH YOUR ACCOUNT, THE WEBSITE, GIFTING TREE SERVICE, ANY WEBSITE CONTENT, AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE GIFTING TREE ENTITIES DO NOT WARRANT THAT THE WEBSITE AND/OR GIFTING TREE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE GIFTING TREE SERVICE, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT THE GIFTING TREE ENTITIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

    THE GIFTING TREE ENTITIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF ITS REGISTRANTS, VISITORS OR THE PRODUCTS AND SERVICES OF THE THIRD PARTY RETAILERS AND ACCOUNTS LINKED TO THE WEBSITE. YOU RELEASE THE GIFTING TREE ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN: (I) ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH REGISTRANTS, VISITORS, AND THIRD PARTIES, AND/OR (II) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, GIFTING TREE SERVICE, CONTENT AND THE PRODUCTS AND SERVICES OF THE THIRD PARTY RETAILERS AND ACCOUNTS LINKED TO THE WEBSITE. YOU ALSO ACKNOWLEDGE AND AGREE THAT THE THIRD PARTY RETAILERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE FOR PURCHASE THROUGH THE WEBSITE ARE NOT AGENTS, EMPLOYEES OR REPRESENTATIVES OF THE GIFTING TREE ENTITIES. REGISTRANT SELECTS WHICH OF HIS/HER THIRD PARTY RETAILER ACCOUNTS TO LINK TO GIFTING TO TREE. THE GIFTING TREE ENTITIES ARE NOT RESPONSIBLE FOR THE ACTIONS OR OMISSIONS, INCLUDING NEGLIENCE, ERRORS, OR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OF SUCH THIRD PARTY RETAILERS OR ANY OTHER PROVIDER, MANUFFACTURER OR SELLER OF GOODS OR SERVICES PURCHASED THROUGH THE WEBSITE, AND YOU RELEASE THE GIFTING TREE ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

    APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11. Indemnity. You agree to defend, indemnify and hold harmless the Gifting Tree Entities from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website and/or Gifting Tree Service; (ii) Your violation of any term of these Terms of Use or applicable law; (iii) Your violation or infringement of any third party’s right, including without limitation any copyright, trademark, patent, trade secret or other intellectual property right, or the right of publicity or privacy; and/or (iv) any claim that Your Content or other content submitted or otherwise distributed by You through the Website or Gifting Tree Service caused damage to a third party. This release, defense and indemnification obligation will survive these Terms of Use and Your account.

12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE GIFTING TREE ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, GIFTING TREE SERVICE, WEBSITE CONTENT AND OTHER MATERIALS, (II) THE USE OF, OR THE INABILITY TO USE, ANY OF THE PRODUCTS OR SERVICES AVAILABLE OR PURCHASED THROUGH THE WEBSITE; (III) ANY REMOVAL, DELETION, OR MODIFIFICATION OF ANY CONTENT, PRODUCTS OR SERVICES DISPLAYED ON THE WEBSITE; AND (IV) ANY DELAY OR INABILITY TO USE THE WEBSITE, CONTENT, PRODUCTS OR SERVICES DISPLAYED, AVAILABLE OR PURCHASED THROUGH THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY ANY OF THE GIFTING TREE ENTITIES OR THE GIFTING TREE ENTITIES CUMULATIVELY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

13. Removal from Gifting Tree. Company reserves the right to remove a Registrant from Gifting Tree or otherwise limit or terminate a Registrant, Purchaser or any person or third party’s access to Gifting Tree at any time without notice for violating these Terms of Use or for any other reason in Company’s sole discretion. For clarification, removal or termination of your account or access will not waive or affect any other right or relief, in law or in equity, to which Company may be entitled.

14. Registrant Communications. You give Company the right and permission to periodically contact You with information, updates, and special offers via email or direct message. You are solely responsible for Your interactions and communication with other Registrants, visitors, or Purchasers.

15. Digital Millennium Copyright Act ("DMCA") Notice. Company is committed to complying with U.S. copyright and related laws, and we require You to comply with these laws. Accordingly, You may not disseminate any material or content using the Website or Gifting Tree Service in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. It is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate the rights of any Registrant, visitor or Purchaser to access the Website or Gifting Tree Service if any such Registrant, visitor or Purchaser is either found to infringe third party copyright or other intellectual property rights, including repeat infringers, or who we believe, in our sole discretion, is infringing these rights. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue. Notice should be addressed to Gifting Tree at PO Box 707, Temple, TX 76503 or This email address is being protected from spambots. You need JavaScript enabled to view it..

If you are a copyright owner and believe that any content on the Website infringes upon your copyright, you may submit a takedown request by providing Company with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work or other third party right claimed to have been infringed, or, if multiple copyrighted works or other third party right are claimed to be infringing, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Company to locate the material;

• Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or third party rights holder, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

16. General. These Terms of Use shall be governed by the laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Company or Gifting Tree Entities that arises in whole or in part from Your use of the Website or the Gifting Tree Service shall be decided exclusively by a court of competent jurisdiction located in Dallas County, Texas. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Website or Gifting Tree Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Use, together with the Privacy Policy, available at www.giftingtree/privacypolicy and any other legal notices published by Company on the Website, shall constitute the entire agreement between You and Company concerning Your use of and account with the Website and Gifting Tree Service. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. Your account is non-transferable and You may not assign these Terms of Use by operation of law or otherwise without the prior written consent of Company, which may be withheld in Company’s sole discretion. Company reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website and/or Gifting Tree Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.

17. Contact Information. If you have any questions or comments about the Website, Gifting Tree Service or these Terms of Use, please contact us by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

18. Effective Date. This Agreement is effective and was last updated on July 1, 2014.