Terms of Service

Wolfe Merchant Solutions, LLC (“Company,” “we,” “us,” “our”) provides the consumer service described below (the “Service”) relating to the purchase and receipt, by an individual on behalf of himself/herself, for the sole purpose of redistribution and end use, of certain physical and/or digital gift cards (collectively, “Cards”). This agreement provides the terms and conditions governing your use of the Service. By using the BuyGiftCards.com site and Wolfe Merchant Solutions Service, you agree to these Terms of Service. You also agree to our Privacy Statement, which is incorporated herein by this reference and located at https://www.buygiftcards.com.com/privacy-policy (“Privacy Statement”). You acknowledge that you will regularly visit these Terms of Service and the Privacy Statement to familiarize yourself with any and all updates. These Terms of Service, the Privacy Statement, and any other terms incorporated herein by reference are collectively referred to in this document as “Terms.”

Please read the Terms carefully and keep them for future reference, including but not limited to the following sections: (A) DISPUTE RESOLUTION/ARBITRATION AGREEMENT, (B) LIMITATION OF LIABILITY, AND (C) INDEMNIFICATION.

IF YOU DO NOT AGREE TO THESE TERMS, IMMEDIATELY STOP USING THE WOLFE MERCHANT SOLUTIONS SERVICE, PARTICIPATING IN ANY PROGRAM OR PURCHASE, OR RECEIVING ANY GOOD OR SERVICE OFFERED THROUGH THE WOLFE MERCHANT SOLUTIONS SERVICE.

The Wolfe Merchant Solutions Service

The Wolfe Merchant Solutions Service allows a purchasing party (“Purchaser”) to purchase, and to receive, for the sole purpose of redistribution and end use (i. e., not for resale), (1) a prepaid “closed-loop” Card usable only at a specified merchant. Merchants at which “closed-loop” Cards are designated for use, hereinafter are referred to as “Merchants.” A Purchaser must tender, and Wolfe Merchant Solutions must receive, full and properly authorized payment for each Card, via methods and procedures specified by Wolfe Merchant Solutions. The Purchaser must use a “closed-loop” Card at the designated Merchant participating in the Card program (“Merchant”). A valid payment method is one that is accepted by BuyGiftCards.com in its sole discretion and may include, but is not necessarily limited to, a credit card, a debit card, and a financial institution account.

Cards are purchased when (a) the Purchaser registers an eligible payment card with us, (b) the Purchaser selects one or more Cards to receive for designated use, (c) the Purchaser pays for the Card(s) by authorizing us to debit from the Purchaser’s registered card the amount of the Card(s), (d) we receive full payment from the Purchaser, and (e) we deliver the Cards to the Purchaser.

Cards are redeemed when (a) through proper use of the Cards, a purchase of goods and/or services is made from the participating Merchant(s) (“Qualifying Purchase”), (b) Merchant accepts the Cards; and (c) some or all (as applicable) of the value of the Card is applied against the amount of the Qualifying Purchase from the Merchant. 

At all times, the sole owner, holder, and user of Wolfe Merchant Solutions Card(s) will be the Recipient. Purchaser will not own the Wolfe Merchant Solutions Card(s), will acquire rights or interest in the Wolfe Merchant Solutions Card(s), and will not be entitled to use or redeem the Wolfe Merchant Solutions Card(s). A Purchaser may be either (a) and individual or (2) an authorized representative of a duly formed business or association ("Entity").

Fees and Limitations

The following fees and limitations apply to the Card:

·      A Purchaser may buy any individual Card in an amount up to and including $500 (if available).

·      A Purchaser may buy a total of up to and including $2,000 in Cards per week. 

·      A Purchaser may buy a total of up to and including 20 Cards per day.

·      Each “closed loop” Card may only be used at the specific, designated Merchant.

·      Certain customization fees may apply to purchases of Cards. Please see our pricing policy at BuyGiftCards.com/pricing, and any appropriate additional written or electronic statement, to identify any/all applicable fees.

·      Terms and conditions specific to each Merchant and/or each Card apply. Please contact and/or otherwise refer to the Merchant for information on such terms and conditions.

·      Purchasers are not entitled to cancel the purchase of any Card, or to a refund on the purchase of any Card, except as expressly provided for in these Terms of Service or as otherwise provided for by law.  

·      BuyGiftCards.com's website provides the following information: (i) the maximum dollar value of any individual Card that a Purchaser may buy; (ii) the maximum dollar value of all Cards that a Purchaser may buy within a specified time period; (iii) the maximum number of all Cards that a Purchaser may buy within a specified time.

·      A purchaser may write to us to request a cancellation of a Wolfe Merchant Solutions Card, for up to ninety days after purchaser, if the Recipient is not able to access or redeem the Card within that time period.

The foregoing fees and limitations are subject to change. 

Creating Your BuyGiftCards.com Enrollment

Registration Obligations

To use the Service either as a Purchaser or separately as a Recipient, you must create a BuyGiftCards.com enrollment (“Enrollment”). You may create one BuyGiftCards.com Enrollment only, which is solely for your use. Your Enrollment is non-transferable, and you cannot sell, combine, or otherwise share it with any other person.

By creating an Enrollment or by using the Service, you represent and warrant to us that you may lawfully create an Enrollment/use the Service, including but not necessarily limited to: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien (with valid U. S. tax ID number) residing in the United States or the District of Columbia; (iii) you have provided us, as may be requested, with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with your Enrollment is true, correct, and complete; and (v) you received a copy of and agree to be bound by and comply with these Terms and to comply with all applicable law in using the Service or your BuyGiftCards.com Enrollment.

Payment Card/ Account Registration

All Purchasers are required to properly register a valid, eligible payment card with a Perfect Gift Enrollment in order to access and use the Service. Purchasers may use any credit, debit or prepaid card to purchase a Card, so long as such card is accepted by Perfect Gift. We reserve the right, in our sole discretion, to deny an Enrollment request and/or to cancel an order at any time.

Purchasers may be able to register more than one payment card or financial institution account. BuyGiftCards.com will inform Purchasers of any limitations at or prior to the time of actual registration.

Purchasers and Recipients may be able to register more than one payment card or financial institution account. PerfectGift will inform Purchasers and Recipients of any limitations at or prior to the time of actual registration.

Disclosures to Purchasers and Recipients

Your use of the Service is subject to your payment card or financial institution being valid and your payment card or financial institution being in good standing. You represent and warrant to us that the information you provide about your payment card or financial institution is true and that you are authorized to use the payment card or financial institution. You agree to promptly update your Enrollment information with any changes (for example, a change in your billing address) and to register a new card with us if your registered card is no longer valid or if your registered card is lost, stolen, or you receive a replacement card. You must be the cardholder or an authorized user of the registered card or an authorized user of the financial institution account. You acknowledge and agree that we, Merchants, payment processors, payment facilitators, payment card networks including Visa, Mastercard, and American Express ("Card Network(s)"), financial institutions, and platforms with which we integrate in order to provide you with the Wolfe Merchant Solutions services do not and will not have any liability associated with or arising from your use of the Service, or your failure to provide accurate registration information, including but not limited to your failure to receive a Card or updates about the Service. If we or the Card Network or the business entities we partner with in order to provide you with the Wolfe Merchant Solutions services suspect that the information you provided is untrue, inaccurate, or incomplete, your Enrollment may be suspended or terminated. You may authorize us to collect and store your payment card or financial institution account information, along with other identifying information in connection with your Enrollment, such as your email address, location, and device information.

Using the Wolfe Merchant Solutions Service

Purchasing a Card

To use the Service to purchase a Card (a “Purchase Transaction”), you as Purchaser must have a valid, active BuyGiftCards.com Enrollment linked to a valid payment card. When you select a Card to purchase, you are agreeing to pay all amounts specified in the Card, along with any applicable taxes, as well as any service or processing fees to the extent permitted by applicable law. You hereby authorize us (and our designated payment processor), to authorize and charge the full order amount to the payment card affiliated with your Enrollment once you purchase any Card, and you also authorize us to collect and store that payment card, along with other information related to your Purchase Transaction. 

If you dispute any charges related to the Cards you have purchased, you must notify us within sixty (60) days after the date we charge you. You shall be responsible for all taxes associated with the Service other than U.S. taxes based on our net income. Applicable fees for Cards offered via the Service may change at any time. Please review our web site and mobile app for changes. 

We do not guarantee that we will provide a return or refund on the purchase of any Card. Any return or refund that we provide is at our sole discretion. In addition, we do not provide price protection or returns or refunds in the event of a fee reduction or promotional offering. Your continued use of the Service after any fee change becomes effective constitutes your agreement to pay the originally charged amount.

Once you as Purchaser select and provide a Card, the amount of the Card will be charged to your payment card.

No Liability for Cards After Purchase

We are not responsible for any value lost from a Card after purchase and shipping/other transfer from us to Purchaser, regardless of whether the Card is alleged to (a) not have been delivered; (b) have been mis-delivered; or (c) have been otherwise lost. A Purchaser is solely responsible for any and all losses due to fraudulent activity on its accounts and/or Card balances.

Redeeming a Card

The only way a Card may be redeemed is by making a Qualifying Purchase (1) for “closed-loop” Cards, at the designated Merchant. For “closed-loop” Cards, any particular Card may be redeemed only at the Merchant designated on the Card. Even if a Merchant accepts other Cards, a “closed-loop” Card cannot be redeemed at a Merchant unless the Card is designated for use at that Merchant. “Closed-loop” Cards may be redeemed for cash, unless required by applicable law.   

We reserve the right to deny any Card redemption requests we receive that we deem to be illegitimate or in violation of these Terms. You may not redeem a Card with the intent to immediately cancel or return the applicable product from the Merchant. A "quick cancellation" is considered to be fraudulent and may void your transaction. In addition, Wolfe Merchant Solutions is not a bank or money service business (“MSB”) and we do not offer banking or MSB services as defined by the United States Department of the Treasury. Accordingly, you agree that you will not use BuyGiftCards.com or the Service primarily for the purpose of transmitting funds. We may, in our sole discretion, suspend or revoke your right to use the Service, terminate your BuyGiftCards.com Enrollment, and/or report your activity to the Merchant, website, and/or service that has referred you to BuyGiftCards.com, who each may terminate your Enrollment or take other punitive action if you are found to have engaged in any such activity described above.

Expiration

A Card may have an expiration date. Any and all expiration dates are not determined by us. Any and all expiration dates should be disclosed to you, either on the Card or via other appropriate written or electronic statement. After the expiration date, you will not be able to use the Card. However: (1) For “closed-loop” Cards, depending on the Merchant, after the expiration date you may be able to ask the Merchant for a replacement Card. You must contact the Merchant directly to ask for a replacement “closed-loop” Card; we may not able to issue replacement “closed-loop” Cards based on the Merchant’s parameters for requests for, issuance of, or provision/delivery/receipt of replacement “closed-loop” Cards.

Account and Purchase/Receipt Verification

No Card Purchase Transaction is complete, and we will incur no delivery obligations, until we verify the authenticity of the Purchaser’s Enrollment. As a part of the verification process, we may require Purchaser to verify their Enrollment email address and/or phone number, provide a copy of a valid driver’s license or other acceptable forms of government-issued ID that has name, date of birth, address, and photo as well as a photograph of the card used or to be used for the Purchase Transaction. We accept no responsibility for any delays in Card delivery or redemption due to verification requirements. Upon our verification that the Purchase Transaction is valid, we will notify Purchaser of a completed Purchase Transaction and deliver the Card.

Contests, Sweepstakes, and Special Offers or Promotions

We may, from time to time and in accordance with applicable law, conduct contests, sweepstakes, special offers or promotions, and/or similar activities. We may set forth specific terms and conditions governing any such activity that are in addition to or different from these Terms of Service. Where we set forth specific terms and conditions governing any such activity, those terms and conditions will govern the activity. By participating or otherwise engaging in such activity, you agree to the terms and conditions governing the activity.

Fraud and Abuse

We reserve the right to review, postpone, or cancel the purchase or redemption of any Card in our sole reasonable discretion. If we receive a claim or otherwise suspect that a Card purchased or redeemed through BuyGiftCards.com was fraudulently purchased or redeemed or otherwise unauthorized, we reserve the right to immediately cancel the Card and recover any costs associated with the fraud. You give us express authorization to share information about you, your Enrollment, your purchase/redemption, and any of your activity with law enforcement authorities as needed to investigate any claim of fraud. If your Enrollment is determined to be fraudulent, we may suspend your Enrollment immediately and all pending Cards or other transactions that have not yet been redeemed may be suspended. Any remaining Cards that have not been used in resolving the fraudulent transaction will be returned to the Purchaser’s registered payment card or Merchant as applicable.

Access and Use of the Service

General Practices Regarding Use and Storage: You agree that we may establish general practices and limits concerning use of the Service, including but not limited to the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any of your information, account data, or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate any Enrollments that are inactive for an extended period of time or that are determined to be fraudulent. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice as long as there is no material adverse impact on any of your pending Cards.

Mobile Services/TCPA Consent: To the extent you access the Service through a mobile device, your wireless service carrier’s message and data rates and other fees may apply. Use of certain features of the Service may be prohibited or restricted by your carrier, and not all features of the Service may work with all carriers or devices. When accessing the Service through a mobile device, unless you allow us access to your location, we may not be able to provide access to certain content if such content has geographic limitations.

By acknowledging these Terms, you consent to our communicating with you on your mobile device, including through the use of an automatic telephone dialing system or a prerecorded or artificial voice, by SMS, MMS, text message or other electronic means and that certain information about your usage of the products and features may be communicated to us. You are not required to enter into this agreement as a condition of using the Service. By providing us with a telephone number, you expressly waive any protections afforded to you under federal, state, or corporate Do Not Call lists for the purpose of receiving telephone calls or text messages from us related to your use of the Service. By providing us with a telephone number, you represent and warrant that you are the authorized subscriber to that telephone number and that you have the authority to provide consent to be contacted at that telephone number.

By providing us with a telephone number and by explicitly opt-ing in during our website processes to receive SMS messages, you consent to receiving applicable messages for the purposes of purchase receipt, purchased items receipt, receiving a gift, and/or selectively using your gift. Message frequency varies. Message and data rates may apply. If you would like more information or to receive assistance with SMS rates or our Service, contact us via email at ms-support@wolfe.com, or via phone at 866-739-4914.866-739-4914

If you would like to revoke this consent at any time, may opt-out through your BuyGiftCards.com account or otherwise according to instructions included in the communication you receive (for example, replying “STOP” to an SMS message). Even if you revoke this consent, you acknowledge that the remaining sections of the Terms will remain in effect. Carriers are not liable for delayed or undelivered messages. For any questions about privacy, please refer to our Privacy Policy

Account Password, Security, and Activity: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify us of any unauthorized use of your password or Enrollment or any other breach of security, and (ii) ensure that you exit from your Enrollment at the end of each session when accessing the Service. If you remain signed into your Enrollment at the end of any session, any user accessing your device may be able to view and manipulate your Enrollment information and other sensitive information. We recommend that you exit from your Enrollment at the end of each session and that you use other security measures (for example, password protecting/”locking” a mobile device when not in use). We will not be liable for any loss or damage arising from your failure to comply with this Section.

Use of Trademarks/Logos: You and we understand and agree that your trademarks, service marks, trade names, designs, logos and/or copyrights (hereinafter “Marks”) will remain your sole property, and that our Marks will remain our sole property. Notwithstanding the foregoing, you agree that we are permitted without obtaining further consent to use your Marks and /or replications of your Marks on any and/or all of the Cards you may seek to purchase from us. Except to the extent expressly provided for herein, nothing in these Terms of service will confer in either of us any title to, right of ownership, or interest in the other’s Marks.

Modification: We reserve the right, at our sole discretion, to discontinue, change or modify portions of these Terms at any time. If we do this, we will post the changes and will indicate the date these Terms were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms. Any changes to these Terms will be effective upon posting; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may cancel your Enrollment and you should not use the Service after the effective date of the changes. We suggest you revisit our Terms regularly to ensure that you stay informed of any changes. You agree that our posting of any changes on the Terms page is adequate notice to advise you of these changes.

Please contact us at legal@wolfe.com to report any violation of these Terms or to pose any questions regarding them.

Termination

You agree that we, in our sole discretion, may suspend or terminate your Enrollment (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, but not limited to, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Enrollment and all related information and files in your Enrollment and/or bar any further access to such files or the Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service.

User Disputes

You agree that you are solely responsible for your interactions with any other user or Merchant in connection with the Service or any Card, and that we will have no liability or responsibility with respect thereto. We reserve the right, but have no obligation, to become involved in any way with disputes between you and any other user of the Service or Merchant, in each case in connection with the Service. You agree that, before you approach us or ask us to become involved in any way with any dispute between you and any other user of the Service or Merchant, you will first engage in demonstrable good faith efforts with the user or Merchant to fully resolve the dispute.

Indemnity

You agree to indemnify and hold us, and our officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including but not limited to reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of another.

Additionally, you agree to indemnify and hold the Card Networks harmless from any and all losses, damages, expenses, including but not limited to reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of another.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase from a Merchant.

WE MAKE NO WARRANTY THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

THIS DISCLAIMER OF WARRANTIES SHALL APPLY TO THE CARD NETWORKS RELATED TO THE SERVICES.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR CORPORATE AFFILIATES AND PERSONNEL, AND THE CARD NETWORKS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL WOLFE MERCHANT SOLUTION’S AND/OR THE CARD NETWORKS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID WOLFE MERCHANT SOLUTIONS IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Arbitration

At our or your election, all disputes, claims, or controversies arising out of or relating to the Terms or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Pittsburgh, Pennsylvania before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including, but not limited to, the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including, but not limited to, attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Miscellaneous

We are independent parties to these Terms, and nothing contained herein will be deemed or construed to create the relationship of principal and agent or of partnership or joint venture. This Agreement and the rights and obligations of the Parties hereunder shall be governed by, and construed and interpreted in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to the conflict of laws provisions thereof. We and you hereby submit to the jurisdiction of the courts of Pittsburgh, Pennsylvania for the enforcement of any arbitral award or other action. These Terms set forth the entire agreement between us pertaining to the Service. You agree that we will not be liable for any delay or failure in our performance of any of the acts required by these Terms when such delay or failure arises from circumstances beyond our control and without the fault or negligence of us. Such causes may include, without limitation, acts of God, acts of local, state or national governments or public agencies, acts of public enemies, terrorism, widespread or extended utility or communication failures or delays, earthquakes, fire, flood, epidemics, riots or strikes. If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, it will be stricken and the remaining provisions of these Terms will remain in full force and effect and shall be binding on us and enforceable in accordance with their terms, as though the invalid or unenforceable provision (or portion thereof) was not contained in this Agreement. 

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