Last Updated: May 22, 2018
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers [Visa, Mastercard, Discover, Amex]), email address, and phone number. We refer to this information as “Order Information.”
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
Communicate with you;
Screen our orders for potential risk or fraud; and
When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site–you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by:
- FACEBOOK – https://www.facebook.com/settings/?tab=ads
- GOOGLE – https://www.google.com/settings/ads/anonymous
- BING – https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info.
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
COPPA – The Site is not intended for individuals under the age of 13. https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected]
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (these “Terms”) govern your access to and use of the Gimme A $5 website (the “Website”) and your use of products provided by and/or purchased from Gimme A $5 (the “Products”).
By accessing and/or using the Website and/or purchasing and/or using Products, you are agreeing to be bound by these Terms, all applicable governmental statutes, laws, rules, regulations, and ordinances, and agree that you are responsible for compliance with respect to the same. If you are accessing and/or using the Website and/or purchasing and/or using Products on behalf of an organization, you are agreeing to these Terms for that organization and warranting and representing that you have the authority to bind that organization to these Terms. In that case, “you” and “your,” as used in these Terms, will refer to that organization.
As used in these Terms, a “Device” means any computer or electronic tool used to access the Website or purchase Products, including, without limitation, a desktop, laptop, mobile phone, tablet, or other electronic device, and “Information” means all of the different forms of data, content, files, folders, and information described below.
The Website and the Products are provided “as is.” The purchase and/or use of the Products or services provided by Gimme A $5 are at your own risk and Gimme A $5 makes no warranties or representations, expressed or implied, of any kind. Gimme A $5 disclaims and negates all any other warranties and representations, including, without limitation, implied warranties, representations, or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or other violation of rights. No oral or written information or advice provided by Gimme A $5 or its authorized agent or representative will be deemed to create a warranty or representation.
Gimme A $5 attempts to identify ingredients that may cause allergic reactions for those with food allergies. In addition, we label items with possible allergen-containing ingredients; however, there is always a risk of contamination. There is also a possibility that ingredients we use could change at any time, without notice. Customers concerned with food allergies need to be aware of this risk and by using the Products agree to be personally responsible for same. Gimme A $5 expressly disclaims any liability for all allergic and any other adverse reactions from the Products consumed or items one may come in contact with the Products.
Gimme A $5 does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Website, the SMS Program (defined below), or the Products. Gimme A $5 disclaims any liability, loss or corruption of data, or other harm that results to you, your Device or computer system, or your personal property from your access to or use of the Website or the SMS Program.
To the greatest extent permitted by law, in no event will Gimme A $5, its affiliates, shareholders, directors, officers, employees, agents, suppliers, or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary, or consequential (including, but not limited to, loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Gimme A $5 has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; and (b) claims relating to the Website, the SMS Program, and Products greater than, in the aggregate, the lower of (1) the amounts paid by you to Gimme A $5 for the Products or services provided by Gimme A $5 which give rise to the claims for damages, and (2) the lowest amount permitted by law.
By entering into these Terms and using any of the Products, you agree that you shall defend, indemnify (pursuant to counsel satisfactory to Gimme A $5 in its discretion) and hold Gimme A $5, its affiliates, shareholders, directors, officers, employees, agents, suppliers, or licensors harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including, but not limited to, attorneys’ fees and costs) arising out of or in connection with: (a) your breach of these Terms, (b) your violation of any rights of any third party, (c) your use or misuse of the Products, or (d) your negligence or willful misconduct. The foregoing provision shall not be deemed to authorize the use of the Website, the SMS Program, or Products except as expressly intended and permitted by Gimme A $5. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
You are responsible for safeguarding the password that you use to access the Website and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Gimme A $5 of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Gimme A $5, it is your responsibility to use a secure encrypted connection to communicate with the Products.
You retain full ownership to your Information. Gimme A $5 claims no ownership of any of your Information, regardless of its use as part of the Products. These Terms do not grant Gimme A $5 any rights to your Information or intellectual property except for the limited rights that are needed to run the Website and you give Gimme A $5 the permission needed to run the Website, and other similar uses. Such permission extends to trusted third parties Gimme A $5 works with to operate the website and sell the Products. Gimme A $5 may disclose your Information to third parties when Gimme A $5 has a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation, or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of Gimme A $5 or its users; or (d) to protect Gimme A $5’s property rights. If you are a registered user and would like to review, update, correct or delete your Information, please contact Gimme A $5 by email ([email protected]). You may cancel your account or request that Gimme A $5 no longer use your Information, however, Gimme A $5 may retain and use your Information as necessary to comply with Gimme A $5’s legal obligations, resolve disputes, and enforce Gimme A $5’s agreements. Consistent with and subject to these requirements, Gimme A $5 will try to delete your Information quickly upon request. Please note, however, that there might be latency in deleting information from Gimme A $5’s servers and backed-up versions might exist after deletion. In addition, Gimme A $5 does not delete from its servers your Information to the extent that it is included as a part of files that you have in common with other users.
You are solely responsible for your conduct and the content of your Information. By way of example, and not limitation, it is your responsibility to ensure that you have the rights and/or permission needed to comply with these Terms. You, and not Gimme A $5, are responsible for maintaining and protecting all of your Information. Gimme A $5 will not be liable for any loss or corruption of your Information, or for any costs or expenses associated with backing up or restoring any of your Information.
Gimme A $5 PROPERTY:
These Terms do not grant you any right, title, or interest in the Website (including, but not limited to, the content thereon) or Products. The Website and the Products are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use Gimme A $5 trademarks, logos, intellectual property, domain names, or other brand features. The contents of the Website are intended solely for your personal, noncommercial use. No right, title or interest in any of the Contents is granted or transferred to you as a result of any such use. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the such contents or the Website. Unauthorized use of such contents is expressly prohibited by law and may result in severe civil and criminal penalties.
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:
While Gimme A $5 appreciates user feedback, please be aware that Gimme A $5 may use any feedback, comments, or suggestions sent to it (collectively, “Comments”) without any obligation to you and you authorize such use. The Comments are not confidential and will become and remain the exclusive property of Gimme A $5. The disclosure, submission, or offer of any Comments will constitute an assignment to Gimme A $5 of all worldwide rights, titles, and interests and goodwill in the Comments without payment of any compensation to you. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
MERCHANDISE AVAILABILITY AND PRODUCT INFORMATION.
Availability of Products on the Website is not guaranteed as it may be low or out of stock. If any Products are not available by the time your order processes, we will notify you via email. You will receive a shipping confirmation email once your items have shipped. Gimme A $5 Products displayed on the Website may be available in selected stores in the United States. The prices displayed on the Website are quoted in U.S. dollars, unless otherwise indicated.
REVISIONS AND ERRATA:
The information on the Website and the Products could include technical, typographical, or photographic errors. Without limitation of any other term or provision of these Terms, including, but not limited to, those set forth in Section 1, Gimme A $5 does not warrant or represent that any of such information is accurate, complete, or current. Gimme A $5 may, but is not obligated to, revise such information at any time without prior or subsequent notice.
Gimme A $5 has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked websites. The inclusion of any link does not imply endorsement by Gimme A $5 of the linked site or its material. Use of any such linked website is at the user’s own risk and liability.
Gimme A $5 may revise these Terms at any time without notice. By continually using the Website, the SMS Program, and the Products you are agreeing to be bound by the then current version of these Terms. If at any time you disagree with these Terms, you agree to immediately refrain from access to and cease use of the Website, the Products, and these Terms.
SHORT MESSAGE SERVICE TERMS & CONDITIONS OVERVIEW
- SMS Program. SMS Program. Without limitation of any other provisions of these Terms, the following terms and conditions govern your use of Gimme A $5’s Short Message Service (SMS) Program (collectively, the “SMS Program”), which includes, but is not limited to, recurring offers, transactional SMS/text alerts, and one-time text offers. Your consent to participate in the SMS Program is not required to purchase Products or services from Gimme A $5. You can unsubscribe from the SMS Program at any time by texting “STOP” to 82090 (a confirmation message will be sent in reply). If you have any questions, text “HELP” to 82090 or email [email protected]
- Message Frequency. By signing up for the SMS Program and providing your mobile number to Gimme A $5, you are consenting to receive automated ongoing alerts to the phone number you have provided.
- Disclaimer, Limitation of Liability and Indemnity. In addition to the disclaimer, limitation, and indemnity previously set forth, Gimme A $5 is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the SMS Program or any materials sent by as a part of the SMS Program, or if you disagree with or do not wish to accept any of Gimme A $5’s Terms, your sole and exclusive remedy is to discontinue using the SMS Program, the Website, or the Products. You agree to indemnify, defend and hold harmless Gimme A $5, its shareholders, officers, directors, employees, agents, distributors, vendors and affiliates from and against any and all third-party claims, demands, liabilities, costs or expenses, including, but not limited to, reasonable attorneys’ fees, resulting or arising out of your breach of any of these Terms. Certain provisions of the foregoing paragraph may not apply to consumers within certain States or other jurisdictions where prohibited by law.
- Cost. There is no fee charged by Gimme A $5 to participate in the SMS Program, however, message and data rates may apply from your mobile service provider. Under no circumstances shall Gimme A $5 be responsible for the payment or reimbursement of any costs or fees charged by your mobile service provider.
- Warranty. SMS Program content is not available on or by all mobile service providers, and mobile service providers are subject to change without notice to you. Gimme A $5 is not liable for any delays in the receipt of any SMS messages connected with the SMS Program. Mobile service providers are not responsible for any delays upon sending or receiving text messages, or undelivered messages.
- Supported Mobile Service Providers. Supported mobile service providers may change from time to time. Service of the SMS Program is available in the United States only.
To use the Website, purchase the Products, or to receive Gimme A $5 text messages, you must be 16 years of age or older. Gimme A $5 does not knowingly collect personally identifiable information from anyone under 16 years of age. The Website and the Products are all directed to people who are at least 16 years of age or older. If a parent or guardian becomes aware that his or her child has provided Gimme A $5 with personal Information without their consent, he or she should contact Gimme A $5. If Gimme A $5 becomes aware that anyone under 16 years of age has provided it with personal Information, Gimme A $5 will take steps to delete such Information from its files. Gimme A $5 reserves the right to require you to prove that you are at least 16 years of age.
Our Customer Service Specialists are ready to assist you and address your concerns: email [email protected] Monday-Friday 8:30am – 5:00pm.
In the event that our customer service team is unable to resolve your concern, by using the Website or the SMS Program you unconditionally agree that all claims relating to your access or use of the Website or the SMS Program, including, but not limited to, all disputes arising out of, or related to, any Products or services purchased from Gimme A $5 through the Website, will be resolved entirely through binding individual arbitration, rather than in a court of law. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court of law, including, but not limited to, injunctive and declaratory relief or statutory damages, and must follow these Terms as a court of law would.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Gimme A $5 WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The law applicable to the interpretation and construction of these Terms and any transaction (including, but not limited to, purchases made on the Website) using or related to the Website, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Tennessee, United States, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Website or the SMS Program, including, but not limited to, all disputes, will be governed by the laws of the United States and by the laws of the State of Tennessee.
These Terms and the use of the Website, SMS Program, and the Products are governed by Tennessee law, including, but not limited to, its conflicts of laws principles. These Terms constitute the entire and exclusive agreement between you and Gimme A $5 with respect to the Website, the SMS Program, and the Products, and supersede and replace any other agreements, terms and conditions applicable to the same. These Terms create no third-party beneficiary rights. Gimme A $5’s failure to enforce any provisions of these Terms is not a waiver of its right to do so at a future time. If any term or provision of these Terms shall, to any extent, be found invalid or unenforceable, the remainder of these Terms shall not be affected thereby and each term and provision of these Terms shall be valid and enforced to the full extent permitted by law. You may not assign any of your rights in these Terms, and any such attempt is void, but Gimme A $5 may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Products. Gimme A $5 and you are not partners or agents of the other; instead, such relationship is that of independent contractor and client.
Gimme A $5