Terms of Use

Givafifth TERMS OF USE

Last Updated: Apr 7, 2023

Terms and Conditions of Use
 
This is a legal agreement (the "Agreement") between you, the individual, company, or organization ("you," "your", or "Customer") and G5 Givafifth, LLC (Givafifth" ,"givafifth”, “we," "our" or "Company"). By ordering, accessing, using, or purchasing any product (collectively the "Product” or “Products") through this website or related websites (collectively, the "Website"), you are agreeing to be bound by, and are becoming a party to, this Agreement. If you do not agree to the terms of this Agreement, do not use this Website or order Product(s). Your use of this Website means that you agree to the Terms and Conditions (“Terms”)of this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product(s).
 
General
 
These Terms apply to ALL transactions made on or through this Website. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act. You manifest your agreement to the Terms in this document by any act demonstrating your assent thereto, including clicking any button containing the words "I agree" or similar syntax, or by merely accessing the Website, whether you have read these terms or not. It is suggested that you print this form for your personal records. Our Privacy Policy, which is incorporated into these Terms of Use by reference, further describes the collection and use of your information on the Website, including Terms with respect to user reviews and testimonials

Order Processing & Shipping
 
Any order placed between Monday and Friday will generally be processed and shipped within 48 hrs. Givafifth does not process or ship orders on weekends, holidays, or during severe weather conditions. Any order placed during such time will be processed and shipped within 48 hours from the next business day. Additionally, once an order has been processed, adjustments and cancellations cannot be made. Givafifth currently only ships within the United States, including United States territories.

Gift Cards

Givafifth electronic gift cards (collectively, the "Gift Card(s)") may be redeemed towards the purchase of eligible items on the Website. Please treat your Gift Cards like cash — givafifth is not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Purchases made with a Gift Card will be deducted from the redeemer's Gift Card balance and any unused balance will be available for future purchases. Purchase amounts that exceed the redeemer's Gift Card balance will require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancelable, or exchangeable after purchase for cash, except in states where required by law. Gift Cards expire after 5 years. We do not assess any service fees for non-use.

Gift Cards have other restrictions, including but not limited to:

  • Coupons and other discounts or promotions may not be applicable to purchase Gift Cards.
  • Gift Cards cannot be used to purchase other Gift Cards.
  • Gift Cards are FINAL SALE and any Product(s) purchased using a Gift Card cannot be returned.
  • Gift Cards may only be applicable to purchase certain product(s) or services on the Website, or they may exclude the purchase of certain product(s) or services. Please see any applicable restrictions noted on your Gift Card or the applicable product(s) or promotion(s) for further details.

Returns

Givafifth proudly guarantees the quality, performance and fit of our products. If you are not completely satisfied with your givafifth purchase or gift, simply return the item within 30 days of purchase for a refund. Please note that it can take up to ten (10) days from receipt by givafifth of your returned item for your refund to be credited. For further information regarding returns, including applicable fees, please check our FAQs on our website.


Billing Errors
 
If you believe that you have been billed in error, please notify our Customer Service Department immediately via email at customerservice@givafifth.com. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within thirty (30) days of its appearance on your credit card account statement.
 

Mobile Terms & Conditions

Givafifth offers its customers mobile alerts regarding marketing alerts by SMS message (the "Service"). If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us including cart reminders (each, a “text message”) sent through an automatic dialing system. By providing your prior written consent and participating in the Service, you are agreeing to these additional Mobile Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these Mobile Terms. You may not enroll in the Service if you are under 18 years old. Before the Service will start, you will need to agree to these the overall Terms of Use and these additional Mobile Terms. Givafifth reserves the right to stop offering the Service at any time with or without notice.

By opting-in to the Service, you:

  1. Authorize givafifth to use auto dialer or non-auto dialed technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
  2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
  3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
  4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please email customerservice@givafifth.com. To view and retain an electronic copy of these Mobile Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you will also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service, your message frequency may vary. When you sign up to receive text messages, we may send you information and alerts about promotional offers and more. These instances include but are not limited to:

  1. When you are welcomed into the Service
  2. Sale promotions
  3. Event information
  4. Product launch announcements
  5. Cart reminders

 

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

The Service may not be available on all wireless carriers. Givafifth and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

The Services are provided on an “AS IS” basis. Data obtained from you in connection with any text message services may include your cell phone number, your provider’s name, and the date, time, and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.

To Stop the Service

To stop receiving text messages from givafifth, text the word STOP to 833-218-1824any time or reply STOP to any of the text messages you have received from givafifth. For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that givafifth and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from givafifth through any other programs you have joined until you separately unsubscribe from those programs. These Mobile Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.

Questions

For any inquiries, send email to  customerservice@givafifth.com.

These Mobile Terms are subject to change at any time without notice.

Your Representations
 

These Terms govern your conduct associated with using the Website, including but not limited to submitting reviews, testimonials, or any other content to G5 Givafifth, LLC. via its Website. To the extent of any conflict between G5 Givafifth, LLC.'s Privacy Policy and these Terms, these Terms shall control with respect to such conduct and consent.

By using the Website, including ordering Product from and/or submitting any content to G5 Givafifth, LLC you represent and warrant that:

  • You are at least 18 years of age and that you will not permit a person under 18 to order Product(s) from our Website.
  • The information provided by you when placing your order is up-to-date, materially accurate and sufficient for us to fulfill your order in a timely and efficient manner.
  • You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing Products) secure against unauthorized access.
  • YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION, REVIEWS, COMMENTS, PRODUCT OR SERVICE FEEDBACK OR ANY OTHER CONTENT OR MATERIAL THAT YOU SUBMIT, UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON OUR WEBSITE (“USER SUBMITTED CONTENT”).

“Solely responsible” means that you, and not the Company, are responsible for the legality, reliability, appropriateness, and intellectual property ownership of any User Submitted Content. The Company is a platform and is not responsible for any User Submitted Content you post or encounter on the Website as a Customer, including any content that may be defamatory, false, obscene, pornographic, or profane. You grant the Company a non-exclusive, perpetual, sub-licensable, royalty-free, worldwide license to copy, adapt, publish, translate or otherwise use any of the User Submitted Content that you post on the Website, for any purpose, including commercial use, which includes the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute and assign these rights, without compensation to you. You further grant the Company the right to use all User Submitted Content without notice, compensation, or acknowledgment to you, for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services and creating, modifying or improving products and services.

  • You shall not submit any User Submitted Content (i) that  infringes on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any third party; (ii) that violates any law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, applicable product regulations, unfair competition, anti-discrimination or false advertising); (iii) that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (iv) for which you were compensated or granted any consideration by any third party; (v) that includes any information that references other websites, addresses, email addresses, contact information or phone numbers. You understand that such content is submitted on a non-proprietary and non-confidential basis and shall not be subject to any obligation of confidence on the part of Company, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees, successors, and assigns. You understand that the Company reserves the right, in its sole discretion to (a) refuse, delete, modify, adapt, delete, or edit in any way any User Submitted Content and (b) terminate your ability to post on the Website, with or without cause, without notice, for any reason or no reason or for any action that the Company considers disruptive, inappropriate or harmful to the Website or other Customers. G5 Givafifth, LLC, Inc. does not guarantee that you will have any ability to edit or delete any content you have submitted. None of the above requires Company to monitor or police the User Submitted Content or its Website.
  • All “moral rights” that you may have in User Submitted Content have been voluntarily waived by you.

Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product(s) only extend to you on the understanding that you are a user, and not a reseller, of the Product. You are not permitted to re-sell, re-distribute, or export any Product(s) that you order from the Website.

You agree to pay for the Product(s) and any taxes, shipping, or handling of Product(s) as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the Product(s) and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).

You agree not to use our Website by knowingly introducing any viruses, worms or other potentially damaging computer program or files and materials that are malicious or technologically harmful. You further agree not to circumvent or modify any Website software or security technology.

You agree not to use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Website, Services or User Submitted Content.

Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT THE COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT(S) YOU ORDERED.

Further, under no circumstances shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover. Subject to our return policy, the Products are sold and delivered to you "as is" with no warranty whatsoever. Subject to our return policy, we make no express warranties or representations, and we disclaim all implied warranties and representations, including, without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement.  

YOU ASSUME COMPLETE RESPONSIBILITY FOR YOUR USE OF THE WEBSITE.

The Website is also provided “as is”; we do not make any promises of any kind, including about the Website’s accuracy, adequacy, usefulness, reliability or otherwise. We do not guarantee that the Website will be free of virus or anything else harmful to your computer, mobile phone, tablet, console, or other technology (“Device”) or that the user experience will be uninterrupted or error-free. You are solely responsible for any damage to your Device.
 
Indemnification
 
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Company, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal, accounting fees and any expert fees, from and against all claims, losses, liabilities, expenses, damages (actual or consequential) of any kind and nature, known and unknown and costs including without limitation attorneys’ fees, arising from or relating in any way from, directly, indirectly (i) your access to the Website, (ii) your misuse of the Website, (iii) your conduct on the Website or with other Customers, (iii) your submission of User Submitted Content, (iv) your violation of any third party rights, including without limitation, any intellectual property rights, confidentiality, property, publicity or privacy right, (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or (vi) or your breach of any of the Terms of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full recompense from you.
 
Notices
 
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your Product(s). Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
 
Termination 

We reserve the right to terminate your access to or use of this Website and/or your Account and/or your subscription to the Product(s) at any time, for any reason, and without advance notice. If we do so, it is important to understand that you don’t have a contractual or legal right to continue to use our Services. If we terminate or suspend your Account or refuse service, you must still fulfill any existing obligations you have to pay for Product(s) you purchased prior to terminating your Account or any Services we were providing to you.
You may terminate your Account with us, at any time, at your sole discretion by emailing your name and email address to customerservice@givafifth.com. Terminating your Account does not terminate any existing obligations you have to pay for Product(s) you purchased prior to terminating your Account.

 
Fraud
 
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We and/or our third-party payment processor capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud of any kind, which includes the use of multiple accounts which is strictly prohibited. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
 
Sales Tax
 
If you purchase any Products available on our Website, you will be responsible for paying any sales tax indicated on the Website.
 
Intellectual Property Rights
 
The Website, and all content appearing therein, are the sole and exclusive property of the Company or its licensors. No license or ownership rights in or to any content of the Website are conveyed to you by reason of this Agreement or your purchase of Product(s). The Website and its content are protected under the laws of copyright and trademark. Unless otherwise permitted by law, you may not copy, republish, or transmit any portion of the Website without Company’s prior written consent. When you purchase or order any Product(s) through this Website or from Company, you expressly agree that you do not have any license for the resale of any Product(s) or copyrighted or proprietary image and that the resale of any Product(s) or copyrighted or proprietary image is expressly prohibited. If you breach these Terms, your right to use the Website will cease immediately and you must, at givafifth’s option, return or destroy This website governs the manner in which givafifth and its affiliates (hereinafter referred to collectively as “givafifth”) will act with regard to any copies of the material you have made. 

If you believe that your content or work is the subject of copyright infringement and/or trademark infringement and appears on our Website, please email EMAIL with the information required under the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):

  • An email with the subject line “Copyright Infringement Notice”;
  • All of your contact information (full name, telephone number, email, and mailing address);
  • A description of the copyrighted or trademarked work that you think has been infringed; if there are multiple works, provide a representative list of such works;
  • A description of where on the Website the content that you claim is being infringed is located;
  • Information reasonably sufficient for the Company to contact you as the complaining party;
  • A statement of your good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement under penalty of perjury that the information in your notice is accurate and that you are the copyright owner (or that you are authorized to act on behalf of copyright owner); and

Your physical or electronic signature of yourself or the person authorized to act on your behalf (your full name counts as an electronic signature).

Terms and Conditions of Sale 

Givafifth’s Products are not labeled for resale and are intended for the personal use of the Customer only. Commercial resale of givafifth Products is strictly forbidden. The Customer hereby acknowledges and agrees that he or she is purchasing the Product(s) for personal use only, and not purchasing the Product(s) with intent to resell the Product(s). The Customer agrees that he or she will not use givafifth as a drop shipper and that he or she will not enter order and shipment details on the givafifth website such that givafifth ships Products to his or her customers. The Terms and Conditions of Sale are subject to change without prior notice at any time, in Company’s sole discretion, so please review the terms of sale each time you make a purchase.
 
Password
 
We may assign you a password and account identification to enable you to access and use certain portions of this Website. Each time you use a password or identification, you will be deemed to be authorized to access and use the Website in a manner consistent with the Terms of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Website. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Website's security.

 
Typographical Errors
 
In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for such Product(s) listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. 

 

Links
 
This Website may contain links to other sites on the internet that are owned and operated by third parties. This does not mean that Company endorses, monitors, or has any control over these third parties or their activities, which are subject to separate terms of use and privacy policies. You acknowledge that we are not responsible for the operation of, or content located on or through any such site and should carefully review any third-party websites’ terms of use and privacy policies. 


Miscellaneous

Assignment. This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.

Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of these Terms will continue in full force and effect.

Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the Terms of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.

No Waiver. No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.

Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.

Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website and your ordering and use of the Product, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matters.

Modifications. Company reserves the right to change any of the provisions posted herein and you agree to review these Terms each time you visit the Website. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to same. Unless accepted by Company in writing, you may not amend these Terms in any way. You can tell when the Terms were last modified by checking the “last updated” date that appears at the top.

 

Disputes and Governing Law


Use of this Website and these Terms of Use shall be governed by the laws of the State of New Jersey of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms to the extent necessary to make such portion of these Terms enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms would be held to be invalid, prohibited, or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms. No narrowed construction, modification, or invalidation of any portion of the Terms shall affect the construction, validity, or enforceability of such portion in any other jurisdiction. No waiver by givafifth of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and givafifth’s failure to assert any right or demand compliance with any provision of these Terms shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you clicking acceptance of these Terms and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website, including but not limited to purchases or attempted purchases of Products, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New Jersey within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms , you are giving up your right to a trial in court, either with or without a jury.

Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website, and/or the Content.

By accepting these Terms, you have agreed to waive your right to recover any damages relating to your use of the Website. If such waiver is deemed unenforceable, you, nonetheless, and notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, you agree that your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms of Use, givafifth may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New Jersey and/or in any other court chosen by givafifth, in the event that givafifth believes that there is a violation, or a threatened violation, that has jurisdiction of any of givafifth’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.