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Terms & Privacy
Personal Closing Gifts respects your concerns about privacy. Read our Terms & Privacy Policy Below

Terms of Use

Terms of Use and Privacy Policy for Personal Closing Gifts

 

Effective Date: January 1, 2023

Image Upload Terms and Conditions

By uploading an image to personalclosinggifts.com, you acknowledge and agree to the following terms and conditions:

Ownership and Rights:

You represent and warrant that you are the legal owner of the uploaded image(s) or have obtained all necessary permissions and rights from the rightful owner(s) to upload and use the image(s) on our website.

Copyright Responsibility:

You understand that any potential copyright infringement or violation of intellectual property rights arising from the uploaded image becomes the sole responsibility of the user/uploader. This includes, but is not limited to, any claims, disputes, or legal actions related to copyright, trademark, or other intellectual property rights.

Indemnification:

The user/uploader agrees to indemnify, defend, and hold harmless Personal Closing Gifts and its affiliates, directors, officers, employees, and agents from and against any claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or related to any alleged or actual copyright infringement or violation of intellectual property rights associated with the uploaded image.

Use of Uploaded Images:

Personal Closing Gifts may use the uploaded images in accordance with its policies and for the purposes specified on the website, which may include, but are not limited to, product customization, marketing, and promotional materials.

Removal of Infringing Content:

Personal Closing Gifts reserves the right to remove, delete, or disable access to any uploaded image that it believes, in its sole discretion, may infringe upon the rights of any third party or violate any applicable laws or regulations.

Dispute Resolution:

Any disputes or claims related to copyright infringement or intellectual property rights arising from the use of uploaded images will be resolved in accordance with the dispute resolution provisions outlined in our general Terms and Conditions.

Acceptance of Terms:

Your use of our website and the act of uploading an image constitute your acceptance of these terms and conditions regarding image uploads.

If you do not agree with these terms or are unsure about your rights to upload an image, please refrain from using this feature on our website. We encourage you to seek legal advice if you have any concerns regarding copyright or intellectual property rights.

Personal Closing Gifts reserves the right to modify or update these Image Upload Terms and Conditions at any time, and any such changes will be effective upon posting on our website. It is your responsibility to review these terms periodically for any updates or modifications. Your continued use of the image upload feature constitutes your acceptance of any changes to these terms.

 

  1. Introduction

 

Welcome to Personal Closing Gifts. Our mission is to provide a world-class education for anyone, anywhere. These Terms of Use and Privacy Principles (hereinafter referred to as “Terms”) govern your use of Personal Closing Gifts and outline our commitment to protecting your privacy. By using Personal Closing Gifts, you agree to abide by these Terms.

 

  1. Privacy Principles

 

We are deeply committed to creating a safe and secure online environment for you. Our Privacy Policy is driven by the following principles:

 

Personal Closing Gifts is a not-for-profit organization. We do not sell your personal information to third parties, as we are dedicated to our mission of education and earning your trust.

 

Access and Control: We strive to provide you with access to and control over the information you provide to us, prioritizing the protection of your data.

 

No Advertising: Personal Closing Gifts does not display advertising. Our focus is on enhancing your learning experience, not promoting random products.

 

  1. About Personal Closing Gifts and Privacy Policy

 

Personal Closing Gifts, referred to as “Personal Closing Gifts,” “us,” or “we,” is committed to safeguarding your privacy. This Privacy Policy applies to all Personal Closing Gifts services, including our mobile application and online services (collectively referred to as our “Service”). This Privacy Policy describes how we collect and use your information, as well as your choices regarding the use of your personal information and how you can access and update it.

 

  1. Consent to Privacy Policy

 

By using our Service and providing information through it, you consent to the information handling practices described in this Privacy Policy. Your use of our Service and any information you provide are subject to these Terms, which are incorporated into and subject to our Terms of Service. Any capitalized terms not defined in this Privacy Policy have the meanings given to them in our Terms of Service.

 

  1. Information Collection

 

We take your information seriously and aim to put you in control. You can use many features of the Service without registering for an account or providing any other personal information. However, if you choose to create an account or communicate with us, you may provide “Personal Information” or “Personal Data,” such as your full name, birthdate, email address, or other identifying information. Information that cannot identify you as an individual is considered “de-identified” or non-personal information.

 

We collect information, including personal information, in various ways depending on your use of the Service and your account settings. This may include:

 

Contact and Profile Information

Account and Authentication Information from Integrated Services

Location Information

Information about Your Browser or Device

Donation and Applicant Data

Non-personal Information Linked to Your Personal Information or Membership

 

  1. How We Use Your Information

 

We use the information collected for various purposes, including but not limited to:

 

Fulfilling our contractual obligations to you.

Communicating with you about the Service, updates, or offers.

Providing support and assistance.

Managing your account or user profiles.

Personalizing your experience, content, and communications.

Processing orders and transactions.

Responding to inquiries and fulfilling requests.

Improving and developing our Service.

Ensuring safety, security, and integrity.

Complying with legal obligations and resolving disputes.

Responding to law enforcement requests and applicable laws.

We will not use your Personal Data for materially different purposes without providing notice.

 

  1. Information About Your Use of Our Service

 

We may collect usage information to improve our Service and tailor educational experiences for you.

 

  1. Location Information

 

We may collect approximate location information to provide tailored educational experiences.

 

  1. Payment and Applicant Information

 

If you make payments or apply for a job with Personal Closing Gifts, we may collect relevant information for these purposes.

 

  1. Usage and Device Information

 

We may collect technical information automatically through tracking technologies to enhance your experience and for various purposes.

 

  1. Cookies and Tracking Technologies

 

We use tracking technologies like cookies for purposes such as keeping you signed in, personalizing content, and analyzing website usage. You can manage your cookie settings in your browser.

 

  1. Sharing or Transfer of Data

 

We take precautions to protect your information and do not rent or sell your Personal Information to third parties. However, we may share your information under specific circumstances outlined in our Privacy Policy.

 

  1. Conclusion

 

Your privacy is important to us. By using Personal Closing Gifts, you agree to these Terms and acknowledge our commitment to protecting your data. For any questions or concerns regarding your personal information or these Terms, please contact us using the provided contact details.

 

Privacy Policy for Personal Closing Gifts

 

Effective Date: January 1, 2023

 

  1. Consent and Authorization

 

By using Personal Closing Gifts, you consent to the sharing and processing of your personal information as described herein. You may provide consent or authorization for the sharing of your personal information with third-party applications, services, and entities in the following ways. Please note that these third parties are not governed by Personal Closing Gifts or the terms of this Privacy Policy. We recommend reviewing the privacy policies of third-party applications or services before authorizing access to your Personal Closing Gifts account information.

 

  1. Sharing with Social Networks

 

At your request, we may share data with social networks. Some users choose to connect their Personal Closing Gifts accounts with social networks. This feature is entirely optional. If you have explicitly consented, Personal Closing Gifts may disclose your Personal Information through a social network or similar service (e.g., Facebook/Meta or Google). To control the information you share, you can modify your Personal Closing Gifts or social network settings or disconnect your social network account from your Personal Closing Gifts account.

 

  1. Sharing with Third-Party Applications

 

We may share data with third-party applications that you authorize. Third-party application developers and service providers, referred to as “App Developers,” may create complementary services for our platform. If you connect your Personal Closing Gifts account to an application or service or approve access to your Personal Closing Gifts by a third-party application or service, you consent to Personal Closing Gifts sharing your information with that third party.

 

  1. Sharing in Special Programs

 

When you participate in special programs in partnership with third parties, we may share data collected from or about you with these partners to facilitate the program or services being offered. These program partners will use your information as described in their own privacy policies.

 

  1. Sharing with Consent

 

Personal Closing Gifts does not share your Personal Information with third-party organizations for marketing or promotional purposes without your consent. In some instances, you may grant us permission to share your Personal Information with authorized partners, not-for-profit organizations, and other entities not affiliated with Personal Closing Gifts. We will only provide these third parties with the information you have authorized us to share.

 

  1. Sharing Anonymous or Aggregate Data

 

We may use de-identified and/or aggregated data for product development, research, analytics, and other purposes, including improving or marketing the Personal Closing Gifts Services. Personal Closing Gifts may share this data with business partners to enhance our services. If shared with business partners, this data will be aggregated and/or anonymized to prevent the identification of specific individuals.

 

  1. Other Sharing Scenarios

 

  1. Sharing with Employees and Service Providers: Personal Closing Gifts may share information with its employees and trusted vendors, third-party service providers, and other individuals to provide services or products on our behalf, including analytics, hosting, marketing, and similar services. These parties are contractually obligated to maintain the security and confidentiality of your personal information.

 

  1. Change of Business: In the event of a merger, acquisition, bankruptcy, change of control or sale of assets involving Personal Closing Gifts, your personal information may be transferred or disclosed in connection with the business transaction. In such cases, the new owner will be required to adhere to the terms of this Privacy Policy, or we will provide the School with notice and an opportunity to opt out of the transfer of Student Records.

 

  1. Other Instances: Personal Closing Gifts may share Personal Information when we have a good faith belief that it is necessary to:

 

Comply with applicable laws, regulations, legal processes, or governmental requests.

Enforce applicable Terms of Service, investigate violations, or defend against third-party claims.

Detect, prevent, or address fraud, security, or technical issues.

Protect the rights, property, or personal safety of Personal Closing Gifts, our users, or the public.

Fulfill legal obligations or as permitted by law.

 

  1. Messages from Personal Closing Gifts

 

Occasionally, we may send you email notifications about our products and services or third-party products and services we believe you may find interesting. For example, if we partner with a not-for-profit organization for a contest in your region, we may email you about the partnership or contest. We will not share your information with the third party unless you opt-in to participate, and in such cases, we will only share the information necessary for your participation.

 

You can unsubscribe from these mailings at any time.

 

  1. Sponsored Content

 

Personal Closing Gifts does not display third-party advertisements on the website. However, we may permit third parties to sponsor content on our Service. Sponsored content will always be clearly labeled (e.g., “Sponsored by ___”). We do not share our users’ Personal Information with these sponsors without explicit consent, and sponsors cannot track or collect information about our site visitors or users.

 

  1. Third Parties and Online Advertising

 

Interest-Based Advertising: Personal Closing Gifts does not display targeted advertising on our website. However, we participate in interest-based advertising using third-party advertising companies to serve targeted advertisements on other websites, apps, or services, including on social networks like Facebook. These third-party ad networks use tracking technologies to personalize content and advertising messages based on your interests.

 

Please note that we make significant efforts to prevent the collection of information for targeted advertising when we believe our Service is being used by students or children under 13.

 

To learn about interest-based advertising and how you can potentially opt out of some of it, you can visit the Network Advertising Initiative (NAI) at http://www.networkadvertising.org/choices and the Digital Advertising Alliance (DAA) at http://www.aboutads.info/choices. You can also manage certain advertising cookies by visiting Your Online Choices at http://www.youronlinechoices.eu/. On mobile devices, you can limit interest-based advertising through device settings.

 

YouTube: We use YouTube to display video content on our website. YouTube employs tracking technologies that may collect information from your browser when you view videos on our site. This information is collected directly by YouTube and its partners, and Personal Closing Gifts does not participate in these data transmissions. We have implemented measures to minimize tracking activity, such as turning on “Privacy-Enhanced Mode” for YouTube videos displayed on our site.

 

  1. Conclusion

 

By using Personal Closing Gifts, you acknowledge your consent and authorization for the sharing and processing of your personal information as described in this Privacy Policy. For any questions or concerns regarding your personal information or this Privacy Policy, please contact us using the provided contact details.

 

Privacy Policy for Personal Closing Gifts

 

Effective Date: January 1, 2023

 

  1. Data Collection and Use

 

At Personal Closing Gifts, we collect and use Personal Information as necessary for the purposes for which it was collected or as you have consented. We maintain reasonable measures to ensure the accuracy, completeness, and currency of stored Personal Information. If you find inaccuracies, incompleteness, or outdated information related to you, please update your account details or contact us as indicated below.

 

  1. Your Data Control Choices

 

Declining to Provide Personal Information: You have the option to decline providing Personal Information to Personal Closing Gifts. Registration is not obligatory to access most of our online resources. However, if you choose not to register, certain features and functionalities on our Service may be inaccessible. You can later activate these features by providing the necessary Personal Information.

 

Providing Limited Information: You can opt to share only information that does not reasonably identify you to others. We recommend selecting a username unrelated to your real name, for instance. Additionally, you can choose not to provide optional data in your public profile.

 

Disconnecting Integrated Services: You may revoke Personal Closing Gifts’ access to your Integrated Service accounts (e.g., Google or Facebook/Meta) anytime by adjusting settings in your Integrated Service account preferences. It’s important to review the privacy settings on each Integrated Service to control the information shared with us.

 

Unsubscribing from Email Communications: Periodically, Personal Closing Gifts may send you emails regarding our products, services, or products and services we think you might be interested in. Only Personal Closing Gifts (or our authorized vendors or service providers) will send these emails. You can opt out of receiving these emails by clicking the unsubscribe link in any email. Please note that you cannot unsubscribe or opt out of non-promotional messages related to your account, such as account verification, updates, or security notices.

 

  1. California Children’s Privacy Rights

 

If you are under 18 years old and reside in California, you have the right to request the removal of publicly posted content or information on our Service. To delete your entire account and remove all publicly displayed information, log in and select “delete your account” in Settings. To request deletion or de-identification of a specific publicly displayed post, email us at info@personalclosinggifts.com. You must identify the particular post you wish to delete or de-identify. Note that removal of content or information does not guarantee complete removal, as some elements may remain in a de-identified or recoverable form on our servers, or if retention is required by law.

 

  1. Access, Update, or Deletion of Personal Information

 

If you have registered and provided Personal Information, you can update, correct, or delete your account and information at any time by reviewing your profile information and preferences in your account settings.

 

Requesting Deletion of Information: To request deletion of your personal information, email us at info@personalclosinggifts.com. Be aware that your information may be retained in backup for up to one week. If you log in within 24 hours, your account will not be deleted, and you will need to initiate the deletion process again.

 

Data Retention: We may retain data for operational purposes, as required by law, or for legitimate business purposes, even if you request deletion. Information that has been de-identified or aggregated may be retained as well.

 

  1. Data Security

 

To protect your privacy and security, we take reasonable steps to verify your identity before granting access to your account or making corrections to your information. For instance, we may request specific Personal Information to confirm your identity and may require a password for certain areas of our website.

 

While we implement physical, managerial, and technical safeguards to maintain the integrity and security of Personal Information, we cannot guarantee the security of information transmitted to Personal Closing Gifts. We encrypt transmitted sensitive information using secure socket layer technology (SSL) or similar methods. However, no security measure is infallible. In case of a security breach, we will investigate and notify you in accordance with applicable laws.

 

  1. Users and Records

 

Personal Closing Gifts, a for-profit organization, is dedicated to providing educational content. We strive to safeguard the privacy of all users, whether students or non-students.

 

  1. International Visitors

 

Our Service operates on servers in the United States. By using our Service from regions with data protection laws differing from the United States, you agree to the transfer of your personal information to the United States for Service performance and other purposes, with your explicit, informed consent.

 

  1. European Union Data Protection

 

Residents in the European Union have certain rights concerning their personal information:

 

Access and Portability: You can access your personal information and request it in a commonly used format for transfer to another data controller.

Rectification: Request correction of inaccurate or incomplete personal information.

Erasure: Request erasure of personal information under certain circumstances.

Restriction: Request restriction of processing in specific situations.

Objection: Object to processing in particular contexts, including direct marketing.

You may also have the right to file a complaint with your local Supervisory Authority. More information is available here: https://ec.europa.eu/newsroom/article29/items/612080.For further assistance with your rights, contact us using the provided contact information. In some cases, we may not fulfill these rights due to obligations for security, safety, fraud prevention, legal compliance, or service delivery.

 

  1. Links to Other Sites

 

Our website may contain links to external sites operated by other entities or individuals. This Privacy Policy does not apply to these third-party websites. We do not control their activities, so please consult their privacy policies when visiting such sites.

 

  1. Changes to This Privacy Policy

 

Personal Closing Gifts may update or amend this Privacy Policy. We will notify users of changes by posting the revised policy with an updated revision date on our website. In cases of significant changes, we will endeavor to provide additional notice. Your continued use of the website following these updates constitutes acceptance of the revised policy.

 

  1. Contacting Personal Closing Gifts

 

If you have any questions or comments regarding this Privacy Policy, please reach out to us:

 

By email: info@personalclosinggifts.com

 

PRIVACY POLICY IN SUMMARY…

 

Who we are

 

Website: https://personalclosinggifts.com/

 

What personal data we collect and why we collect it

 

Comments: When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

 

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media: Uploaded images should not contain embedded location data (EXIF GPS).

Cookies: Our site may store cookies for user convenience.

Embedded content: Articles on this site may include embedded content that behaves as if the visitor has visited the other website.

 

Learning Management System – Data Collection and Payments

 

This agreement (“Agreement”) is legally binding and governs the data collection and payments for the Learning Management System (“LMS”) provided by Personal Closing Gifts. By purchasing from us, you agree to the terms outlined in this Agreement.

 

  1. Data Collection for LMS

 

When you make a purchase, we will request your email address. We will use this information for the following purposes:

 

Sending you information about your account and order

Creating your account for our LMS

If you register a free account, we will store your email address. Your information will be retained for as long as your account exists. We will also store your course progress, including completion status, quiz scores, and any assignments or essay submissions, if applicable. Additionally, comments left on courses, lessons, topics, assignments, and essays will be stored if you choose to leave them.

 

  1. Payments

 

For processing payments, some of your data will be shared with our payment processor. This may include information necessary to process or support the payment, such as the purchase total and billing information.

 

During the checkout process on our store, we collect the following information:

 

Products you’ve viewed

Location, IP address, and browser type

Shipping address

Name, billing address, shipping address, email address, phone number, credit card/payment details, and optional account information like username and password

We use this information for various purposes, including:

 

Sending you information about your account and order

Responding to your requests, including refunds and complaints

Processing payments and preventing fraud

Setting up your account for our store

Complying with legal obligations, such as calculating taxes

Improving our store offerings

Sending you marketing messages if you opt to receive them

If you create an account, your name, address, email, and phone number will be stored for future order checkouts.

 

We generally retain your information for as long as necessary for the purposes for which we collected and used it, and as required by applicable laws. For example, order information will be stored for 3 years for tax and accounting purposes, including your name, email address, and billing and shipping addresses. Comments or reviews will also be stored if provided.

 

  1. Access by Our Team

 

Members of our team have access to the information you provide. For example, Administrators and Shop Managers can access order information and customer information to fulfill orders, process refunds, and provide support.

 

  1. Sharing with Third Parties

 

We share information with third parties to help us provide our orders and store services to you. This includes:

 

Payments: We accept payments through Stripe, and some of your data will be shared with Stripe during payment processing. Please refer to the Stripe Privacy Policy for more details: https://stripe.com/privacy

 

Analytics

 

  1. Data Retention Duration

 

If you leave a comment, the comment and its metadata will be retained indefinitely to facilitate automatic approval of follow-up comments.

 

For registered users, we store personal information provided in user profiles. All users can view, edit, or delete their personal information (excluding usernames). Website administrators can also view and edit this information.

 

  1. Your Data Rights

 

If you have an account or have left comments, you can request an exported file containing your personal data, including any data provided to us. You may also request the erasure of your personal data. However, data retention may be required for administrative, legal, or security purposes.

 

  1. Data Transmission

 

Visitor comments may be subject to automated spam detection.

 

By using our LMS and services, you acknowledge and agree to the terms outlined in this Agreement. If you do not agree with these terms, please refrain from using our LMS and services.

 

Terms and Conditions of Service

 

Personal Closing Gifts Terms of Service

 

PART A

 

Welcome to Personal Closing Gifts, operated by Personal Closing Gifts Organization (“Personal Closing Gifts,” “we,” “us,” or “our”), which encompasses the website at https://personalclosinggifts.com/ (the “Website”), along with related application programming interfaces (“APIs”), mobile applications, and online services, including, but not limited to, the Google website, downloadable content (“Downloadable Content” as defined below), and any other products and services offered by the Company, whether now existing or introduced in the future (collectively referred to as the “Services”). Your use of the Services is governed by the following Terms of Service, which form a legally binding contract between you (“you” or “your”) and Personal Closing Gifts. When referring to users collectively, we use the term “Users.”

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

 

By registering for, accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be legally bound by the following terms and conditions, including the Personal Closing Gifts Privacy Policy and any additional guidelines (referred to as the “Terms”).

 

It’s important to note that these Terms include a binding arbitration provision, including a class action waiver. By agreeing to binding arbitration, to the extent permitted by applicable law, you waive your right to litigate disputes through a court and to have a judge or jury decide your case.

 

  1. Eligibility; Accounts

 

1.1 Eligibility: The Website is accessible to users who meet the following criteria:

 

  1. You have not been previously suspended or removed from the Website by Personal Closing Gifts.

 

  1. You are at least 18 years old, and you are a resident of the United States. Alternatively, if you are not a U.S. resident, you have reached the legal age of consent to create an account in accordance with your country’s laws.

 

  1. If you are under 18 years old, your use of the Services must be approved by your parent or legal guardian or, for school accounts, by school personnel as allowed under these Terms.

 

1.2 Account: To access certain features of the Services, you must register for an account. You may be required to set a password for your account. It’s your responsibility to maintain the confidentiality of your account and password, and you accept liability for all activities conducted under your account or password. You affirm that the information provided to Personal Closing Gifts during registration or at any other time is accurate, current, and complete. You agree to keep this information accurate and up to date. If you suspect that your account is no longer secure (e.g., due to loss, theft, or unauthorized access), you must promptly notify Personal Closing Gifts at info@personalclosinggifts.com. You may be responsible for any losses incurred by Personal Closing Gifts or others as a result of unauthorized use of your Services account.

 

1.3 Integrated Service: Personal Closing Gifts may allow you to register for the Services using or linking your Personal Closing Gifts account with certain third-party social networking or integrated services like Facebook and Google (collectively referred to as “Integrated Services”). By registering for the Services using an Integrated Service, you consent to Personal Closing Gifts accessing your Integrated Service account information, and the storage and use of associated information in accordance with our Privacy Policy. You also agree to adhere to the terms and conditions of the Integrated Service in relation to your use of the Services through the Integrated Service. You retain the ability to revoke Personal Closing Gifts’ access to your Integrated Service account at any time by adjusting the appropriate account settings of that Integrated Service. You are encouraged to review your privacy settings on each Integrated Service to comprehend and manage the information transmitted to us through them. You acknowledge that any Integrated Service is considered a “Reference Site” (as defined below), and you are solely responsible for your interactions with the Integrated Service when accessing the Services through it. Personal Closing Gifts does not control the practices of Integrated Services, and it’s recommended that you review the Privacy Policy and terms and conditions of any Integrated Service used to understand their practices.

 

1.4 Child User: If you are under 18 years old (a “Child User”), you are not permitted to create or register an account for the Services without obtaining the consent and approval of your legal parent or guardian, or, for school use, school personnel as specified in Section 1.6 (“School Use”). By being a Child User under 18, you confirm that your parent or legal guardian has reviewed and consented to these Terms on your behalf. Unless explicitly provided in Section 1.6, a Child User initiating the registration process without a Parent User (as defined below) may face limitations on the registration process until a parent approves or assumes responsibility for the Child User account. A Child User may use the Services if registered through certain educational organizations or, in certain cases, by School Personnel directly affiliated with Personal Closing Gifts, provided that the educational organization has obtained parental or guardian consent or has complied with exceptions to parental consent requirements as required by applicable law. A Child User will be granted access to the Services only as long as Personal Closing Gifts reasonably believes that such access has been consented to by the Child User’s parent or guardian or by School Consent (as discussed in Section 1.6, “School Use”).

 

1.5 Parent User: If you are at least 18 years old and are the legal parent or guardian of a child wishing to register as a Child User of the Services, you may establish a parent account on the Services (“Parent User”). Through your Parent User account, you may create, register, manage, and approve Child User accounts solely for your child(ren) or child(ren) for whom you are the legal guardian. By registering, approving, or consenting to the registration of a Child User, you assert and warrant that you are the legal parent or guardian of the Child User, and you agree to be bound by these Terms on behalf of that Child User, including, but not limited to, assuming responsibility for all use of the Website by the Child User. You acknowledge that Personal Closing Gifts may, but is not obligated to, conduct inquiries, either directly or through third parties, deemed necessary to validate your registration information, including, without limitation, engaging third parties for verification services. Personal Closing Gifts retains all rights to take legal actions against any user misrepresenting personal information or providing untruthful identity information. Nevertheless, you acknowledge that Personal Closing Gifts cannot guarantee the accuracy of any information submitted by users, and Personal Closing Gifts is not required to verify the identity of any user, including a user’s claim to be a Parent User or to verify whether a parent identified by a Child User or another party during registration is indeed the Child User’s actual parent or guardian. Personal Closing Gifts reserves the right to terminate a Parent User account, along with all related Child User accounts, at any time and without prior notice for any failure to comply with these Terms.

 

1.6 School Use: Personal Closing Gifts may offer certain features and tools that allow Users registered as teachers, school administrators, assistants, or similar school personnel (“School Personnel”) to engage with students and other Users through the Services for the provision of educational, tutorial, and other education-related services as part of a school’s curriculum, as well as for reviewing and assessing students’ educational progress and achievements. If you are School Personnel accessing the Services on behalf of a school, school district, or other similar educational institution (an “Institution”), the following terms apply to you:

 

(a) Limitations on Use. The Services and Website are provided to you for educational purposes as part of the school curriculum. You must use the Services and the Website in compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services, the Website, or access to the Services or Website.

 

(b) Responsibility for Consent and Notices. You and/or the Institution assume sole responsibility for obtaining any consents required from parents or guardians, and for providing appropriate disclosures to School Users and their parents regarding the School Users’ use of the Services, our Terms, and our Privacy Policy. You agree to be bound by these Terms on behalf of the School User, for so long as the School User account is not transferred to or assumed by a valid Parent User account or personal account for a Student of eligible age. IF YOU ARE SCHOOL PERSONNEL AND YOU REGISTER AN ACCOUNT FOR A CHILD USER OR OTHER STUDENT (EITHER, A “SCHOOL USER”) OR DIRECT A SCHOOL USER TO CREATE AN ACCOUNT FOR SCHOOL USE, YOU REPRESENT AND WARRANT THAT YOU HAVE EITHER RECEIVED EXPRESS CONSENT FROM SUCH SCHOOL USER’S PARENT OR LEGAL GUARDIAN OR THAT YOU (OR YOUR INSTITUTION) HAVE COMPLIED AND WILL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF AN EXEMPTION FROM OR EXCEPTION TO PARENTAL CONSENT REQUIREMENTS, NECESSARY FOR YOU TO REGISTER THE SCHOOL USER FOR THE WEBSITE AND PROVIDE TO PERSONAL CLOSINGS GIFTS THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH SCHOOL USER. Specifically, you agree, individually and on behalf of the Institution, that:

 

(i) You are familiar with and agree to be responsible for compliance with the Family Educational Rights and Privacy Act and the US Department of Education’s implementing regulations at 34 CFR Part 99 (collectively, “FERPA”), and all other laws, rules or regulations concerning the collection, use, and disclosure of personally identifiable information about Users in your Institution (collectively, “Applicable Privacy Law”).

 

 

 

(ii) You assume sole responsibility (and hereby agree that Personal Closing Gifts is not responsible for) for providing appropriate notices and disclosures to students using Personal Closing Gifts for classroom use (“Students” or “Student Users”) and their parents regarding Student use of the Website, our Terms, and our Privacy Policy, including any notices required by the Children’s Online Privacy Protection Act (“COPPA”), FERPA, or other Applicable Privacy Law.

 

(iii) You assume sole responsibility (and hereby agree that Personal Closing Gifts is not responsible) for obtaining any consents required from parents or guardians, to the extent required under COPPA, FERPA or other Applicable Privacy Law, in connection with the Services, use of the Website for classroom use (including use of Linked Accounts referred to in Section 1.8), and disclosure of personally identifiable information to Personal Closing Gifts in connection therewith. You represent and warrant to Personal Closing Gifts that, prior to creation of accounts for School Use, you have either obtained all necessary parent or guardian consents, or have complied and will comply with all applicable requirements of an exemption from or exception to parental consent requirements, including:

 

Under FERPA, you have complied and will comply with the “school official” exception, or the “directory information” exception thereunder; and

 

Under COPPA, with respect to Students under the age of 18, you are acting as the agent of the parent and consenting on their behalf to the sharing of the Student’s personal information.

 

This document constitutes the legally binding terms and conditions (“Terms”) between you, the user (“User”), and Personal Closing Gifts (“PCG”), pertaining to the use of PCG’s services (“Services”). By accessing and using the Services, you accept and agree to abide by these Terms.

 

School Consent and Access

  1. The term “School Consent” refers to a Parent User’s permission for a Student’s access to the Services. If School Consent is not given or is revoked, PCG shall be notified by School Personnel or the Institution. PCG will promptly discontinue the Student’s access to the Services and ensure Student information is inaccessible.
  2. PCG shall not be held liable for any failure of School Personnel to obtain necessary School Consent or consult school authorities.

 

Identification of School Accounts

  1. “School Accounts” refer to accounts established for classroom use linked to the Institution. Personal accounts and classroom accounts differ. School Personnel or School Users must create School Accounts using designated email addresses.
  2. Coaches, defined as individuals aiding Users, can be added to accounts. Coaches are permitted to view and guide User activity.

 

Use of Integrated Services in School Accounts

  1. School Personnel allowing students to log in via Integrated Services (e.g., Google Classroom) must educate students on proper use.
  2. Coaches must only use the Services to assist existing Users, adhering to applicable laws and rules.

 

Linked Accounts

  1. Users may link personal accounts to School Accounts, sharing activity data. The decision to link must occur during account setup.
  2. Linked Accounts serve as a singular access point. Personal information shall be retained even if the School Account is terminated.

 

School Districts

  1. PCG may have additional agreements with school districts (“District Agreements”) but these Terms remain in effect for individual Users in the district.

 

International Use

Users accessing PCG’s Services from outside the U.S. consent to data processing in the U.S. and agree to comply with relevant local laws. Users under 18 need parental consent.

 

Privacy Policy

PCG’s Privacy Policy is incorporated into these Terms. It explains data handling and Users’ rights.

 

Modification of the Terms

PCG reserves the right to modify the Terms. Continued use after changes implies acceptance. Material changes receive notice. Disputes arise under the version of the Terms at the dispute’s inception.

 

User Content License Grant

Users grant PCG a worldwide, non-exclusive license to host, use, and distribute User Content. Certain licenses also apply to other Users accessing such content.

 

Digital Millennium Copyright Act

PCG complies with copyright law and may terminate access for repeat infringers.

 

By using PCG’s Services, you agree to adhere to these Terms.

 

Proprietary Materials; Licenses

 

7.1 Proprietary Materials

Personal Closing Gifts (“PCG”) is the sole owner and operator of the Services. All elements of the Services, including visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos, and exercises, are protected by United States and international intellectual property laws. Unless expressly granted by these Terms, all elements of the Services, trademarks, service marks, and trade names belong to or are licensed to PCG, and PCG reserves all rights therein and thereto.

 

7.2 Licensed Educational Content

PCG provides certain educational videos, exercises, and related materials (“Licensed Educational Content”). PCG grants you a non-exclusive, non-transferable right to access and use the Licensed Educational Content solely for personal, non-commercial purposes. You may not download, distribute, sell, lease, modify, or provide access to the Licensed Educational Content to any third party, unless otherwise indicated by alternate license terms.

 

Alternate Licenses

In some cases, PCG or its licensors may offer Licensed Educational Content under alternate license terms. When indicated on the Services, such content is licensed under those alternate terms, which you must fully comply with.

 

Creative Commons License

Unless otherwise specified, references to “Creative Commons,” “CC,” or similar licenses refer to the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 United States License.

 

7.3 Licensed Educational Code

PCG may provide educational source code related to “Computer Science” modules or exercises (“Licensed Educational Code”). Unless otherwise indicated, all Licensed Educational Code is property of PCG or third-party licensors and is licensed to you under the MIT License. By accessing such code, you agree to comply with the MIT License.

 

7.4 Non-Commercial Use

The Licensed Educational Content and Licensed Educational Code are intended for personal, non-commercial use only. Unless previously agreed in writing by PCG, these materials may not be used for commercial purposes, including but not limited to sale, rental, or provision of training services for a fee.

 

7.5 Crediting Personal Closing Gifts

When distributing or making Licensed Educational Content or derivatives available, you must prominently display the notice: “All Personal Closing Gifts content is available at Personal Closing Gifts.”

 

Prohibited Conduct

 

You agree not to:

 

8.1 Use the Services for commercial purposes unless expressly permitted by PCG in writing, as the Services are intended for personal, non-commercial use only.

 

8.2 Rent, lease, sell, sublicense, distribute, or transfer Service Materials, except as expressly permitted under Sections 5.3 and 7 of these Terms.

 

8.3 Post, upload, or distribute defamatory, libelous, or inaccurate User Content or other objectionable content.

 

8.4 Post, upload, or distribute unlawful, objectionable, offensive, indecent, pornographic, harassing, threatening, or otherwise inappropriate User Content.

 

8.5 Use the Services in a manner harmful to minors or in violation of PCG’s Community Guidelines.

 

8.6 Impersonate any person or entity, access others’ Services accounts without permission, or engage in fraudulent activities.

 

8.7 Delete copyright or proprietary rights notices.

 

8.8 Assert intellectual property infringement claims against PCG regarding any User Content or materials you have used, submitted, or made available through the Services.

 

8.9 Send unsolicited offers, advertisements, or spam to other Users.

 

8.10 Use the Services for illegal purposes or in violation of laws, including those governing intellectual property and data protection.

 

8.11 Defame, harass, abuse, threaten, or collect personal information without consent.

 

8.12 Interfere with the security or operation of the Services.

 

8.13 Attempt to discover source code or reverse engineer the Services.

 

8.14 Modify, adapt, or create derivative works of the Services.

 

8.15 Intentionally interfere with the Services’ operation.

 

9.0 Third-Party Sites, Products, and Services; Links

The Services may contain links to other websites (“Reference Sites”). PCG does not endorse Reference Sites or their content, and your use of them is at your own risk.

 

  1. Term and Termination

 

10.1 Term: These Terms and Conditions (“Terms”) shall remain in full force and effect for the duration of your use of the Services, unless terminated as provided herein. Termination of your account will result in the cessation of your right to use the Services.

 

10.2 Termination by Personal Closing Gifts: Personal Closing Gifts reserves the right, at its sole discretion, for any reason or without reason, and without incurring any penalty, to suspend or terminate any account, or any part thereof, that you may hold with Personal Closing Gifts, as well as your use of the Services. Additionally, Personal Closing Gifts may, at its sole discretion and with or without notice, discontinue access to the Services, in whole or in part. You acknowledge that any termination of your access to the Services or your account may be carried out without prior notice, and you agree that Personal Closing Gifts shall not be held liable to you or any third party for such termination. Furthermore, any suspected fraudulent, abusive, or illegal activity may be reported to the appropriate law enforcement authorities. These remedies are supplementary to any other legal remedies available to Personal Closing Gifts.

 

10.3 Termination by You: Should you be dissatisfied with (i) the Services, (ii) any provision of these Terms, (iii) the Guidelines, (iv) any policy or practice of Personal Closing Gifts related to the operation of the Services, or (v) any content or information transmitted via the Services, your exclusive remedy is to terminate these Terms. You may terminate these Terms prospectively by deleting your login account with the Services and discontinuing all usage of the Services.

 

10.4 Termination of School Personnel, Child, and Student Accounts:

 

(a) Termination by School Personnel: School Personnel have the right to terminate their individual use of the Services and/or School Accounts created by them at any time by contacting us at info@personalclosinggifts.com, subject to any specific requirements stipulated by an Institution for the termination of school-related accounts. Prior to the termination of School Accounts, Personal Closing Gifts may extend an invitation to Users, or parents or legal guardians of Students, to establish and maintain a personal account for the purpose of retaining any content generated or provided under these Terms, including User learning activity. The establishment of such Personal accounts will be conducted in accordance with Personal Closing Gifts’ standard account opening process, which includes obtaining parent consent for Users under the age of 18.

 

(b) Termination by Parents: Parent Users who have created a Child account on the Services and have a Parent User account associated with the Child account may terminate their Child’s login account via the account profile or by contacting our customer support team at info@personalclosinggifts.com, subject to identity verification requirements. Parents of Students using School Accounts created by or at the direction of a Child’s teacher may need to contact the school to request termination.

 

10.5 Responsibility for Pre-Termination Activity: Termination of these Terms regarding any User account shall not restrict Personal Closing Gifts’ rights and remedies concerning any breaches of these Terms that occurred before the termination.

 

  1. Representations and Warranties

 

You represent, warrant, and agree that you shall not use the Services in any manner that:

 

**(i) Infringes, violates, or misappropriates another’s intellectual property rights, rights of publicity or privacy, or any other rights.

 

(ii) Violates any international, federal, state, or local law, statute, ordinance, or regulation, or that would put Personal Closing Gifts in violation of any applicable laws or regulations, including but not limited to, Applicable Privacy Laws.

 

(iii) Is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable.

 

(iv) Jeopardizes the security of your account or the Services, such as allowing unauthorized access to your account or submitting User Content containing viruses.

 

Additionally, you represent, warrant, and agree that:

 

**(i) You possess all necessary rights to provide your User Content and grant Personal Closing Gifts the rights specified in these Terms.

 

(ii) You will comply with Applicable Laws in connection with your use of the Services.

 

(iii) If you are School Personnel, you understand that you are solely responsible for providing the necessary notices and obtaining consents required by Applicable Laws for students to use the Services or provide User Content, including compliance with the relevant provisions of FERPA and COPPA when utilizing School Consent.

 

  1. Indemnification

 

To the extent permitted under your state’s laws, you agree to indemnify, defend, and hold harmless Personal Closing Gifts, its parent company, successors, affiliated companies, contractors, officers, directors, employees, agents, third-party suppliers, licensors, and partners (collectively, “Personal Closing Gifts Parties”) from any and all losses, damages, liabilities, demands, judgments, settlements, costs, and expenses (including legal fees and expenses) arising from:

 

**(i) Your access to, use, or misuse of the Services.

 

(ii) Your breach or alleged breach of these Terms, or any violation of the Terms.

 

(iii) Any breach of the representations, warranties, and covenants made herein, whether by you or any Child User or School User whose account you have approved as a Parent User or School Personnel.

 

(iv) Your failure to comply with Applicable Laws, including any failure to obtain or provide any necessary consent or notice.

 

(v) Infringement by you or any third party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content.

 

(vi) Your breach or alleged breach of any interaction, agreement, or policy between you and any other Users.

 

Personal Closing Gifts reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Personal Closing Gifts, and you agree to cooperate with Personal Closing Gifts’ defense of such claims. You agree not to settle any such matter without the prior written consent of Personal Closing Gifts. Personal Closing Gifts will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

  1. Disclaimers; No Warranties

 

13.1 No Warranties: The website, all data, information, software, website materials, content (whether owned or licensed), User Content, reference sites, services, or applications offered through or in conjunction with the website (collectively, the “Personal Closing Gifts Offerings”), are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible under applicable law, the Personal Closing Gifts Parties disclaim all warranties and conditions, whether statutory, express, or implied, including, but not limited to, all implied warranties of merchantability, quality, availability, quiet enjoyment, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Personal Closing Gifts or through the website, shall create any warranty not expressly stated herein.

 

13.2 Content: Personal Closing Gifts and the Personal Closing Gifts Parties do not warrant that the website or any data, User Content, functions, or any other information offered on or through the website will be uninterrupted or free from errors, viruses, or other harmful components. Personal Closing Gifts and the Personal Closing Gifts Parties make

 

13.2 Content and Harm to Your Computer:

 

Personal Closing Gifts and the Personal Closing Gifts Parties explicitly disclaim any warranty regarding the Website, its data, user-generated content, functionalities, or any information accessible via the Website. We do not guarantee uninterrupted service, error-free operation, or the absence of viruses or other harmful elements. Furthermore, we make no representation or warranty that:

 

The Personal Closing Gifts offerings will meet your expectations or requirements or suit your preferences.

They will be punctual, secure, accurate, free from errors, or uninterrupted.

Our services will be free from viruses or other harmful components.

Any defects or errors will be rectified.

Please be aware that certain features may be new or experimental and have not been thoroughly tested.

 

13.3 Limitations by Applicable Law:

 

Please note that some states or jurisdictions may not permit the exclusion of implied warranties. Therefore, the above-mentioned exclusions may not apply to you. You may also have rights that vary depending on your state or jurisdiction.

 

Limitation of Liability and Damages:

 

14.1 Limitation of Liability:

 

Under no circumstances, including negligence, shall Personal Closing Gifts or the Personal Closing Gifts Parties be held liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages. This includes damages arising from any unsuccessful court action, legal dispute, lost business, lost revenues or profits, loss of data, or any other pecuniary or non-pecuniary loss or damage of any kind, even if Personal Closing Gifts or the Personal Closing Gifts Parties have been informed of the possibility of such damages. These damages may arise from:

 

The Terms.

Your use of, or inability to use, the Website or the Personal Closing Gifts offerings.

Any other interactions you have with Personal Closing Gifts or any third party through or in connection with the Personal Closing Gifts offerings, including other users.

Applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages, so the aforementioned limitation or exclusion may not be applicable to you. In such cases, Personal Closing Gifts’ liability will be limited to the fullest extent permitted by applicable law.

 

14.2 Limitation of Damages:

 

In no event shall Personal Closing Gifts’ or the Personal Closing Gifts Parties’ total liability to you, for all damages, losses, and causes of action arising out of or related to the Terms or your use of the Website or your interactions with other Website users, exceed the amount paid by you to Personal Closing Gifts (if any) for accessing the Website during the twelve months immediately preceding the date of the claim or one hundred dollars ($100), whichever is greater.

 

14.3 Basis of the Bargain:

 

You acknowledge and agree that Personal Closing Gifts has provided the Website and entered into the Terms with you in reliance upon the disclaimers and limitations of liability set forth herein. These disclaimers and limitations of liability are a reasonable and fair allocation of risk between you and Personal Closing Gifts and form an essential basis of the agreement between you and Personal Closing Gifts. Personal Closing Gifts would not be able to provide the Website to you on an economically reasonable basis without these limitations.

 

14.3 User Interactions and Release:

 

(a) User Disputes:

 

Personal Closing Gifts is not responsible for the actions, content, information, or data of third parties, including other users. You are solely responsible for your interactions with other users and any other parties you interact with through the service. You should conduct any necessary investigations before engaging in any online or offline interactions with others. While we have the right, we are not obligated to become involved in any way with these disputes.

 

(b) Release:

 

If you have a dispute with one or more users, you release us (including the Personal Closing Gifts Parties) from all claims, demands, and damages of any kind and nature, known and unknown, arising out of or in any way connected with such disputes. This includes damages for loss of profits, goodwill, use, privacy, or data. If you are a California resident, you waive your rights under California Civil Code §1542, and if you are not a California resident, you waive your rights under any applicable similar statutes to the fullest extent permissible under applicable law.

 

Miscellaneous (Including Dispute Resolution and Arbitration):

 

15.1 Notice:

 

Personal Closing Gifts may provide you with notices, including those regarding changes to the Terms, through various means, including email, regular mail, postings on the Services, or other reasonable means. Notice is considered effective upon the following timelines:

 

Email: 24 hours after sending unless the email address is invalid.

Mail: Three days after the date of mailing.

Postings on the Services: 30 days following the initial posting.

Any notices directed to Personal Closing Gifts should be sent via email to info@personalclosinggifts.com.

15.2 Waiver:

 

The failure of Personal Closing Gifts to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms must be in writing and signed by Personal Closing Gifts to be effective.

 

 

15.3 Governing Law:

 

The Terms shall be governed by and construed in accordance with the laws of the State of California, excluding any principles of conflicts of law that would result in the application of the laws of any other jurisdiction.

 

15.4 Dispute Resolution and Arbitration Agreement:

 

Please carefully review this section as it significantly impacts your legal rights. By accepting the terms of this Agreement, you willingly forfeit your right to pursue disputes through traditional court proceedings and to have a judge or jury decide your case.

 

(a) General Provisions:

 

To efficiently manage and control the costs associated with dispute resolution, both you and Personal Closing Gifts mutually agree that any legal or equitable claims, disputes, actions, or proceedings arising from or connected to your use of the Services or these Terms (“Dispute”) will be resolved as follows to the fullest extent allowed by law:

 

(b) Notice of Dispute:

 

In the event a Dispute arises, the party initiating the dispute (either you or Personal Closing Gifts) must provide a written statement called a “Notice of Dispute.” This Notice of Dispute should include the party’s name, address, contact details, the facts giving rise to the Dispute, and a proposed solution. You must send your Notice of Dispute to info@personalclosinggifts.com. Personal Closing Gifts will provide its Notice of Dispute to you via first class U.S. Mail if a mailing address is available or otherwise to your email address. You and Personal Closing Gifts will diligently attempt to resolve the Dispute through informal negotiations within a sixty (60) day period starting from the date of sending the Notice of Dispute. If the Dispute remains unresolved after sixty (60) days, either party may commence arbitration.

 

(c) Binding Arbitration:

 

Any Dispute that has not been resolved through negotiation, as specified herein within sixty (60) days or within an alternative time frame agreed upon by both parties, shall be conclusively resolved through binding arbitration in accordance with the terms outlined in this Section 15.4. By agreeing to this arbitration provision, you are relinquishing your right to litigate disputes in court or to participate in any class action lawsuits. Instead, all Disputes will be adjudicated by a neutral arbitrator, and their decision will be final, subject only to a limited right of appeal as permitted by the Federal Arbitration Act. The arbitration proceedings will be conducted in Orange County, Florida. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

 

(d) Class Action Waiver:

 

All proceedings aimed at resolving or litigating Disputes in any forum will occur exclusively on an individual basis. Neither you nor Personal Closing Gifts will pursue any Dispute as a class action or within any other representative capacity. Arbitration or other dispute resolution procedures will not be combined with any other dispute resolution without the prior written consent of all parties involved.

 

(e) Arbitration Procedures:

 

All arbitration proceedings will be conducted by JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request either a telephonic or an in-person hearing by following the JAMS Rules. If the Dispute involves an amount of $10,000 or less, the hearing will typically be conducted via telephone unless the arbitrator deems an in-person hearing necessary. In the event that JAMS is unavailable as a forum, both Personal Closing Gifts and you consent to select an alternative dispute resolution service by mutual agreement, and the JAMS Rules will apply. The arbitrator may award the same damages to you individually as a court could, and declaratory or injunctive relief will be granted only on an individual basis to the extent necessary to satisfy your specific claim.

 

(f) Arbitration Fees:

 

The party initiating arbitration will be responsible for the initial filing fee. If Personal Closing Gifts initiates arbitration, it will cover the filing fee; if you initiate arbitration, you will be responsible for the fee unless you qualify for a fee waiver under the applicable arbitration rules. Each party will bear its attorneys’, experts’, witnesses’, and other expenses, regardless of which party prevails. However, the arbitrator may determine that one party should recover some or all of its expenses from the other party, in accordance with applicable law.

 

(g) Filing Period:

 

To the extent allowed by law, any Dispute governed by these Terms must be initiated within one (1) year in an arbitration proceeding. The one-year time frame begins when the events giving rise to the Dispute first occur. Any Dispute not initiated within one year becomes permanently barred.

 

(h) Venue:

 

In the event that binding arbitration under the terms of this Section 15.4 cannot reach a resolution, you agree that the Dispute will be exclusively filed in either state or federal courts located in and for Orange County, Florida. Each party involved, including you and Personal Closing Gifts, hereby consents to the personal and exclusive jurisdiction of these courts for the purpose of litigating such actions. However, Personal Closing Gifts retains the right to seek injunctive or other equitable relief in any court with competent jurisdiction to protect or enforce its intellectual property rights.

 

15.5 Severability:

 

If any provision of these Terms or any related Guidelines is found to be unlawful, void, or unenforceable for any reason, that provision shall be limited or eliminated to the minimum extent necessary to maintain the validity and enforceability of the remaining provisions.

 

15.6 Assignment:

 

You may not transfer or assign these Terms, the related Guidelines, or any rights and licenses granted herein without the prior written consent of Personal Closing Gifts. However, Personal Closing Gifts may assign these Terms without any restrictions or consent. Any attempted assignment in violation of these Terms shall be deemed null and void.

 

15.7 Survival:

 

Upon the termination of these Terms, any provision that, by its nature or express terms, should survive will continue to do so after termination or expiration. This includes, but is not limited to, Sections 2, 4 through 6, 7.1, 7.4, 7.5, and 8 through 15.

 

15.8 Headings:

 

The headings used in this Agreement are for convenience purposes only and do not constitute a part of the Terms, nor do they limit or affect any of the provisions contained herein.

 

15.9 Entire Agreement:

 

These Terms, in conjunction with the Privacy Policy and Guidelines, constitute the complete agreement between you and Personal Closing Gifts regarding the subject matter herein. This agreement shall not be modified except in writing, signed by both parties or as otherwise allowed by Personal Closing Gifts through changes to the Terms, Privacy Policy, or Guidelines as detailed in Section 4 above.

 

15.10 Disclosures:

 

The Services are hosted within the United States, and the services offered under this Agreement are provided by Personal Closing Gifts, contactable at info@personalclosinggifts.com

 

15.11 Notice Regarding Apple. You acknowledge that these Terms are between you and Personal Closing Gifts only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the applicable mobile application to you, if any; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary of the Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

PART B: Subscription Agreement

 

This Part B is specifically applicable to “Subscription Orders” and should be read alongside Part A.

 

  1. Our Contract for Subscription Orders

 

1.1 Subscription Process:

 

Upon acceptance of your Subscription Order, we will provide you, as communicated at the time of your order, with product access to https://personalclosinggifts.com and any additional items added to your subscription.

 

1.2 Acceptance of Subscription Order:

 

Our acceptance of your Subscription Order and the establishment of a binding contract will occur when we send you a confirmation email containing details of your “subscription.” In the event of contract termination by us for any reason, we will notify you in writing promptly and refund any unfulfilled transactions within 7 working days.

 

1.3 Pause Your Subscription:

 

You can pause your subscription for one month at a time. After the pause period, your subscription will automatically renew on the same terms as previously. If you have utilized our pre-paid service for our subscription products, pausing your subscription will not result in a refund.

 

  1. Duration and Cancellation of Subscription Orders

 

2.1 Cancellation of Subscription:

 

Our monthly subscription services do not entail a long-term commitment. You are free to cancel your subscription at any time by contacting our Customer Services team via email at info@personalclosinggifts.comWe will renew your subscription based on the preferences specified, which could be monthly, every 1 month, every 3 months, every 6 months, or every 12 months, in accordance with our original agreement with you.

 

2.2 Pre-Paid Subscriptions:

 

If you have chosen to pre-pay for a 1, 3, 6, or 12-month subscription, we will send you a reminder email when your contract approaches its renewal date. Unless otherwise agreed, your contract will be automatically renewed on a monthly basis after the initial period. Please note that you will still be charged for any Subscription Order delivered before we receive your cancellation notice.

 

2.3 Pre-Paid Subscriptions and Refunds:

 

If you have utilized our pre-paid 1, 3, 6, or 12-month subscription, no refund will be issued in the event of subscription cancellation.

 

2.4 Payment Authorization (Continuous Payment Authority – CPA):

 

When purchasing a subscription with us, you automatically authorize us to set up a Continuous Payment Authority (CPA), enabling us to charge your card at regular intervals in accordance with our agreement. You can cancel the CPA at any time by contacting us or your card provider.

 

  1. One-Month Free Trial and Other Subscription Offers

 

3.1 Offer Terms:

 

Our offers, including one-month free trials, are limited to one use per email and household. We retain the right to monitor and investigate any orders placed.

 

3.2 Offer Variations:

 

We reserve the right to modify any offer, voucher, or discount code displayed on our website at any time, without prior notice.

 

3.3 Re-Billable Subscription:

 

Our membership programs are re-billable Subscription Order services. If you wish to discontinue, you must cancel your subscription before your next billing date. Failure to cancel will result in billing at the standard rate for your next pack.

 

3.4 Promotional Terms and Conditions:

 

Supplementary promotional terms and conditions may be posted on our site periodically.

 

  1. Pricing and Payment of Subscription Orders

 

4.1 Subscription Costs:

 

By ordering a Subscription Order and providing your payment details, you authorize us to charge the costs for your initial term of service and a recurring monthly subscription fee on or around the original payment date as the date cycles, at the current rate. We reserve the right to adjust our prices periodically.

 

4.2 Pricing Errors:

 

If we accept and process your order where an obvious and unmistakable pricing error exists, which could reasonably have been identified by you as a mispricing, we may terminate the contract, refund your payments, and request the return of any services provided.

 

4.3 Payment Methods:

 

We accept payments through VISA and MasterCard via the Stripe payment processor.

 

4.4 Payment Failures:

 

Should your monthly Subscription Order payment fail, we will attempt payment for the next 30 days. For one-time purchases of our products, we will notify you of the payment failure, allowing you to update your payment method before order acceptance.

 

4.5 Payment Failure Consequences:

 

If your payment fails, if Subscription Orders remain unpaid, or if payment is delayed (e.g., due to contacting your bank or credit card company to dispute or reverse charges), or if we suspect fraudulent payment, we may immediately cancel or revoke your access to Subscription Orders without prior notice.

 

  1. Automatic Renewal

 

5.1 Continuous Service:

 

To ensure uninterrupted service, recurring Subscription Orders are automatically renewed. Unless you cancel a Subscription Order before the end of the applicable subscription period, it will renew automatically. You authorize us to utilize any payment method on record for you, including credit cards or invoicing (with payment due within 15 days), to collect the applicable subscription fee and any Taxes.

 

5.2 Renewal Intervals:

 

By default, your Subscription Order will renew for the same interval as your initial subscription period. We may charge your account up to one month before the end of the subscription period to prevent disruptions to your access to our Subscription Orders. The renewal date is based on the original purchase date and cannot be changed.

 

5.3 Multiple Services:

 

If you’ve purchased access to multiple services, you may have multiple renewal dates. Please check your email, including spam folders, for any reminder emails we send before your Subscription Order(s) renew.

 

Account Management

 

You can view your renewal date(s) and manage subscriptions for Subscription Orders by visiting your My Account Page on https://personalclosinggifts.com.

 

Fees and Changes

 

We reserve the right to modify our fees in compliance with these Terms and applicable legal requirements. This includes changing fees going forward, charging fees for previously free Services, or removing, updating, or modifying features or functionality that were previously included in the fees. If you disagree with these changes, you must cancel your Subscription Order.

 

Termination

 

We may immediately terminate or suspend your access to any Service, at our sole discretion, without prior notice or liability, for any reason, including but not limited to a breach of the Terms. Provisions that by their nature should survive termination, including ownership, warranty disclaimers, indemnity, and limitations of liability, shall continue to apply.

 

Indemnification

 

You agree to defend, indemnify, and hold Personal Closing Gifts, its licensee, licensors, employees, contractors, agents, officers, and directors harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees) arising from your use and access to the Service or a breach of these Terms.

 

Limitation of Liability

 

In no event shall Personal Closing Gifts, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

 

Your Use of the Service

 

Your use of the Service is solely at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

 

Service Reliability

 

Personal Closing Gifts, its subsidiaries, affiliates, and licensors do not warrant that:

 

  1. a) The Service will function uninterrupted, securely, or be available at any specific time or location.
  2. b) Any errors or defects will be corrected.
  3. c) The Service is free from viruses or other harmful components.
  4. d) The results of using the Service will meet your specific requirements.

 

Exclusions

 

In some jurisdictions, the exclusion of certain warranties or the limitation of liability for consequential or incidental damages is not allowed. Therefore, the above limitations may not apply to you.

 

General Representation and Warranty

 

Our mission is to improve the web experience, and our Services are designed to provide you with control and ownership over your account. We encourage you to express yourself freely, subject to a few requirements. Specifically, you represent and warrant that your use of our Services:

 

Will strictly adhere to the Agreement.

Will comply with all relevant laws and regulations, including but not limited to laws governing online conduct and acceptable content, privacy, data protection, the transmission of technical data across borders (including data exported from the United States or your country of residence), the use or provision of financial services, notification, consumer protection, unfair competition, and false advertising.

Will not be for unlawful purposes, the publication of illegal content, or in furtherance of illegal activities.

Will not infringe upon or misappropriate the intellectual property rights of Personal Closing Gifts or any third party.

Will not overload or interfere with our systems, or impose an unreasonable or disproportionately large load on our infrastructure, as determined solely by us.

Will not disclose the personal information of others.

Will not be used for sending spam or bulk unsolicited messages.

Will not interfere with, disrupt, or attack any service or network.

Will not be used for creating, distributing, or enabling material that is associated with, facilitates, or operates in conjunction with malware, spyware, adware, or other malicious programs or code.

Will not involve reverse engineering, decompiling, disassembling, deciphering, or attempting to derive the source code for the Services or any related technology that is not open source.

Will not include renting, leasing, loaning, selling, or reselling the Services or related data without obtaining our consent.

Feedback

 

We value your feedback and are continually striving to enhance our Services. When you provide comments, ideas, or feedback to us, you agree that we have the freedom to use them without any limitations or the obligation to compensate you.