Visitor Agreement

Welcome to GiftProfessor.com, brought to you by New Frontiers E-Commerce, LLC. By enrolling and/or using GiftProfessor.com, you agree that you have read and understand the Visitor Agreement and that your membership in GiftProfessor.com shall conform to these terms and conditions.

1. Community Guidelines
2. Privacy Policy
3. Use of Materials
4. Limits of Liability
5. Terms & Conditions

1. Community Guidelines

   GiftProfessor.com accounts are intended for personal use, basically to allow our members to post comments on products, share product ideas and buy products directly from the merchant who carries the product. We are a discovery service. Community Guidelines are here to help you understand what it means to be a member of GiftProfessor.com. Your use of GiftProfessor.com is subject to these Guidelines and our Visitor Agreement.

   • What to do:
     
     • Do play nice.
     • Please be polite and respectful in your comments.
     • Do link back to GiftProfessor.com when you post GiftProfessor.com finds and content elsewhere.
     • See the world of shopping through another persons’ eyes or share your eyes and participate.
     • Do enjoy GiftProfessor.com!
   • What not to do:
     
     • We like to give everyone the benefit of the doubt. But please don’t step across the lines listed below.
     • Please don't vent your frustrations, rant, or bore the brains out of other members.
     • GiftProfessor.com is not a venue for you to; harass, abuse, impersonate, or intimidate others.
     • Don't submit content that is illegal or prohibited – we have to report that to authorities.
     • Don't forget the children – if you see something that is inappropriate here, please let us know.
     • Don't be scary.
     • Try to be friendly and helpful. Don't be angry or creepy.
     • Don't use GiftProfessor.com comments to promote outside sites.
   • In conclusion:
     
     • We have these guidelines to ensure that everyone within the community has the experience they want.
     • If you ever have any questions or comments, we'd love to hear from you.

2. Privacy Policy

   This policy is used to handle personal information collected about visitors to our site. New Frontiers E-Commerce LLC is the parent company of GiftProfessor.com. This Privacy Policy is effective upon acceptance in registration for new registering members, and is otherwise effective on January 1, 2008 for all members.

   
   Information Sharing and Disclosure

   We will not sell your personally identifiable information to anyone. We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. As a common e-commerce practice we also automatically receive and record information on our server logs from your browser including your IP address, cookie information, and the page(s) you visited.

   Information Collected at Registration.

   To take advantage of Gift Professor matching, making product suggestions, rating products, or commenting on products, you must register for our service and become a GiftProfessor.com Member. We collect personal information only when you register with us. Your information is not shared with the community or with partners unless you opt to do so. GiftProfessor.com may combine information about you with information we obtain elsewhere. But any information we have about you is not shared elsewhere. During registration, we require members to give us basic contact information (such as your first name, last name and e-mail address). The registration form information requests may change from time to time. Although additional demographic information may be requested at the time of registration, only information marked "required" is necessary for registration and utilization of our services. Once you register with GiftProfessor.com, you are not anonymous to us.

   We do not accept registrations from persons under the age of eighteen. The site will automatically block enrollment of any person once they indicate they are under the age of eighteen. If we later learn that a user is under the age of eighteen, we will terminate the account and delete the user's information. Inherent in the Program is the responsibility of parents and/or guardians to ensure that their children's privacy is protected. GiftProfessor.com will not be liable for any content viewed by minor children in violation of the terms of this agreement.

   Information Collected Via Online Promotions

   From time to time we may provide you the opportunity to participate in contests or sweepstakes. If you choose to participate, we will request certain personally identifiable information from you. Participation in these contests is completely voluntary and you therefore have a choice as to whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address) and demographic information (such as gender and zip code). We use this information to notify contest winners and award prizes. We may also use the information gathered to better personalize your GiftProfessor.com program experience.

   Although we do not currently do so, we may use a third party service provider to conduct these surveys, contests and sweepstakes. That company will be prohibited from using your personally identifiable information for any other purpose. We will not share the personally identifiable information you provide to us through a contest, sweepstakes or survey with any third party unless we give you prior notice and choice.

   Use and Disclosure of Personal Information

   We do not rent or sell your personal information to anyone without your express consent. In a hypothetical situation when we might share data with your express consent, with an advertiser it will be in aggregate form and will be designed to ensure you are not identified personally. In order to provide you with information about offers and services you have indicated an interest in, we may provide certain of your personal information to specific advertisers to allow them to provide information about the offer or service to you in the most convenient and meaningful form. Also, by participating in an advertiser's offer, you are authorizing us to share your relevant personal information with the advertiser responsible for the offer. In the event either we or a participating advertiser are unable to capture your transaction detail, we may need to provide certain of your personal information to the advertiser to validate your transaction with them to ensure that your account is credited with the correct number of points or rewards. However, before any personal information is provided to an advertiser for any such purpose, the advertiser will be contractually bound to observe the strict requirements of the GiftProfessor.com Privacy Policy.

   GiftProfessor.com engages in email and direct mail marketing. Because email is an integral part of the program, you sign up to receive email targeted to your interests at the time of registration. If you later decide you wish to cease participation in this portion of the program, you may do so at any time by sending an email to memberservices@coolproducts.com. To further ensure we have your consent, we make sure each e-mail we send you contain an additional opportunity to 'opt out' of receiving future e-mails. If you are not interested in receiving either e-mail or direct mail marketing, you may choose to opt out from receiving the e-mail or close your membership. As long as you remain a GiftProfessor.com member, opting not to receive email does not exempt you from receiving administrative emails, which include, but are not limited to, notices about vital program and membership status changes or alterations to our Terms of Service.

   Access to Personally Identifiable Information - Opt In/Opt Out

   If personally identifiable information changes or if you no longer desire our service, you may correct, update, or delete it by making a change on your GiftProfessor.com Community page. You may also close your account by sending an email to: memberservices@coolproducts.com or by writing:

   Cool Products Member Services
   P.O. Box 4069
   1617 St. Andrews Drive
   Suite 210
   Lawrence, KS 66047
   

   Member Communications and Email

   GiftProfessor.com employs a strict policy against sending unsolicited email. Because email is an integral part of the program, you sign up to receive email targeted to your interests at the time of enrollment. If you later decide you wish to cease participation in this portion of the program, you may do so at any time by clicking on the opt-out links contained within each GiftProfessor.com email or by sending an email to by sending an email to memberservices@coolproducts.com.

   Please note that opting not to receive email does not exempt you from receiving administrative emails that include but are not limited to, notices about vital program and membership status changes, Privacy Policy and Visitor Agreement Terms of Service updates and purchase and redemption confirmation emails. Members may also receive GiftProfessor.com program offers via postal mail. We contact you with offers we think you are interested in. Members may opt out of these communications by sending a request to memberservices@coolproducts.com. Our staff may contact you in response to your inquiries, to provide services at your request and to manage your account. We will communicate with you by email.

   GiftProfessor.com Advertisers and 3rd Party Websites

   The GiftProfessor.com website and emails contain links to various other sites. While GiftProfessor.com makes every effort to ensure that our advertisers post clear and complete Privacy Policies and observe appropriate data practices, each of these sites has a privacy policy that may differ from that of GiftProfessor.com. The privacy practices of other websites and companies are not covered by this policy.

   Except as specifically set forth below, it is our policy not to provide your personally identifiable information to our advertisers unless you make the choice to share it with them. We occasionally pass personally identifiable information via a secure interface to certain of our advertisers for the purpose of making it easier for you to sign up for their offers. However, this information is only to be used by the advertiser if you agree to submit the information to the advertiser for the purposes of completing an offer.

   We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

   In the event that we were unable to capture your transaction detail, GiftProfessor.com may need to validate your transaction with an advertiser or merchant partner to ensure delivery of a product purchased by you. The validation information shared is used solely for this purpose and may include your first name, last name, email address, or mailing address. We will require that these third parties comply with the information practices set forth in this Privacy Promise and that the information not be shared or used for any other purpose.

   We may share non-personally identifiable information collected via the program in aggregate, anonymous form with advertisers or other third parties so that they may better evaluate what products and services are most appealing to different segments of our member base. We do not disclose your first name, last name, address, email address, or any other personally identifiable information to these third parties unless you give your express consent.

   We occasionally send the information we gather about our members to trusted third-party data processors to organize, process and/or analyze the data on our behalf. We use this information to enhance our program offerings, namely to tailor updates, and offers to your particular interests and to ensure that your opt-out requests are honored. All such third-party data processors are prohibited from using your personal information except to provide these services to GiftProfessor.com. They are contractually bound to observe the strict policy stated herein, so you can rest assured that the confidentiality of your personally identifiable information will be maintained.

   Information Collected through Participation in the GiftProfessor.com Program

   When you sign in to the GiftProfessor.com website, the server automatically recognizes you by your cookie. This cookie acts as a unique identifier, which allows us to personalize the website to your specified interests and allows you to access your personal information. It also allows us to keep track of your activity on our site. This information may be added to your personal profile and used to deliver offers that are most relevant to your interests. The program makes active use of third-party cookies; therefore, full participation in the Program is dependent upon you setting your browser configuration to accept third-party cookies. We also use cookies to tailor the program to your interests and, most importantly, to ensure that only you can access your account. We also review "log-file" data to monitor site performance and analyze traffic patterns and usage of our site.

   GiftProfessor.com also retrieves the following information from your browser:
   • Your browser type (e.g., Internet Explorer 9.0 or Google Chrome).
   • Platform-dependent information (e.g., Windows Vista or Ubuntu Linux).
   • Requested document (the page you're looking at).
   • Referrer URL (the page you came from if within the GiftProfessor.com site).
   • Date and time of your visit.
   • IP address associated with member transaction in the system.
   Additionally, for each visitor to our website, our server automatically recognizes the following:
   • Your registered GiftProfessor.com account information.
   • Host origin of the request (your IP address or that of your ISP if using proxy servers).
   • Requested document (e.g. the page you're looking at).
   • Referrer URL (e.g. the page you came from if within the GiftProfessor.com site)
   • Your registered GiftProfessor.com account information.

   This information, sometimes called log-file or click stream data, is used to monitor site performance and ensure the Program functions properly. It may also be appended to your personal profile so that we may further tailor the Program to your interests.

   Many of our GiftProfessor.com advertisers, affiliates and merchants also utilize third-party cookies to identify you as a GiftProfessor.com member. This enables them to report your purchases back to GiftProfessor.com. We and our advertisers currently use third-party cookies and clear pixel GIFs (also referred to as "web beacons") to measure page views on both GiftProfessor.com and advertisers' web sites and email responses. These devices allow us to identify unique visitors to GiftProfessor.com, member visits to advertisers' sites, and act as a counter for ongoing monitoring of site, email and corresponding future transaction activity related to a specific offer for both GiftProfessor.com and its advertisers. These commonly used counters collect absolutely no personal information and, as always, this technology is only used to enhance the program and make it more relevant to your personal interests.

   Third-party cookies are also used to count unique page views and email responses. This information is also used by the Member Services department while assisting you in resolving account inquiries. We may also use your transaction information to provide you more timely relevant offers, products and services.

   We may amend this policy from time to time. If we make any material changes in the way we use your personally identifiable information collected at this site (www.GiftProfessor.com) we will notify you by email and at the top of this Privacy Policy web page. For questions and concerns about the information collected or used at this site, please contact memberservices@coolproducts.com.

   Security

   The information we collect from you is aimed to be as minimal as possible and is only collected as a requirement to our system working effectively. GiftProfessor.com has established company-wide security practices for your protection. These practices include, but are not limited to, firewall security, the use of appropriate encryption technology, and the use of multiple levels of password security to limit access to data on a 'need-to-know' basis. All passwords are stored as a one-way MD5 hash encryption and are never seen in plain text.

   We may use contractors or vendors to help us provide some of the services at our site. If we disclose personal information for them to provide the services, it is with the requirement that the information is kept confidential and used only for those services. All contractors and employees are required to familiarize themselves with, and abide by, these safeguards. We also guarantee never to sell your data to 3rd parties of any kind.

   Contacting Us

   If you have any questions or suggestions regarding our privacy policy, please contact us at memberservices@coolproducts.com or at:

   GiftProfessor.com Attn: Member Services (Privacy)
   P.O. Box 4069
   1617 St. Andrews Drive
   Suite 210
   Lawrence, KS 66047
   

3. Use of Materials

   Proprietary Rights to Content and other Intellectual Property

   Member acknowledges that GiftProfessor.com content (including but not limited to text, sound, photographs, graphics, or other material contained in any GiftProfessor.com communication, advertisements, or messages, whether by GiftProfessor.com or vendor affiliates are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by GiftProfessor.com, its advertisers and partners, as the case may be.

   • Linking – We encourage linking to our site.
   • Modification – No Soliciting, No Spamming or Spimming, No Framing.
   • Trademarks – Cool Products® and Gift Professor® are trademarks of New Frontiers E-Commerce LLC.

4. Limits of Liability

   COOLPRODUCTS.COM MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH COOLPRODUCTS AFFILIATE VENDORS.

   GiftProfessor.com expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. GiftProfessor.com shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by GiftProfessor.com vendor affiliates, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Community Member from GiftProfessor.com or through GiftProfessor.com Rewards Program shall create any warranty not expressly made herein.

   Limitation of Liability
   • Member acknowledges and agrees that GiftProfessor.com neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.
   • GiftProfessor.com is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers.
   • GiftProfessor.com is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers.
   • In no event shall GiftProfessor.com liability, either jointly or severally, exceed $100.
   Participation in Promotions of Vendor Affiliates, Merchants, Advertiser & Manufacturers

   Member's correspondence with or participation in promotions of GiftProfessor.com affiliates, merchants, advertisers, manufacturers and partners are solely between corresponding Member and the affiliates, merchants, advertisers, manufacturers and partners. GiftProfessor.com assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.

   Indemnification

   Member agrees to indemnify and hold GiftProfessor.com, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of GiftProfessor.com or violation of this Agreement.

   Laws

   Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Kansas City, Kansas, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

   This contract shall be governed by the law of the State of Kansas, excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration law and by the Rules, without reference to state arbitration law.

   Member and GiftProfessor.com agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.

   This Agreement constitutes the complete and exclusive understanding between GiftProfessor.com and Community Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter. If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

   GiftProfessor.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GiftProfessor.com in writing.

5. Terms & Conditions

   Acknowledgment & Acceptance

   By enrolling and/or using the GiftProfessor.com, you agree that you have read and understand this Visitor Agreement ("Agreement") and that your membership in GiftProfessor.com shall conform to its terms and conditions.

   GiftProfessor.com reserves the right to send Members messages from time to time. Such messages may include; flash bulletins; administrative announcements; special requests and other similar messages ("Administrative Messages")-and may be sent via email or regular mail. Members can elect to stop receiving email from GiftProfessor.com, but cannot unsubscribe from these Administrative Messages while enrolled as a site member.

   Member agrees to:
   • Member agrees to provide only true and accurate information to GiftProfessor.com at all times.
   • Member agrees to comply with the terms of all GiftProfessor.com offers, promotions, and programs at all times.
   • Member agrees not to abuse GiftProfessor.com privileges by conduct which is detrimental to the interests of GiftProfessor.com, including having multiple accounts, participating in purchasing or redemption fraud, or tampering with GiftProfessor.com links, etc.

   GiftProfessor.com reserves the right to terminate or disable, at GiftProfessor.com's sole discretion, any GiftProfessor.com membership if GiftProfessor.com believes such Member has violated or acted inconsistently with the rules of the GiftProfessor.com Program or intent of this Agreement. Member understands and agrees disabling of membership will result in Member's inability to redeem and/or earn commissions. Member understands and agrees termination of membership will result in the cancellation of all of Member's saved gift data.

   GiftProfessor.com shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership shall be final and binding.

   Member agrees to promptly notify GiftProfessor.com of any change in Member's address (mail or email) or personal user profile by updating his or her personal information in the My Profile section of the Website under User Profile. Member's discontinued participation in GiftProfessor.com or failure to notify GiftProfessor.com of any address (mail or email) or profile changes may result in the termination of Member's membership.

   GiftProfessor.com reserves the right to cancel or disable accounts in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: website visit, email response (click thru), survey completion, profile update or any, shopping or redeeming transaction.

   Termination of Member's membership by Member is effective upon Member submitting a termination request through the GiftProfessor.com Web site located within the Close Account page found in the My Preferences area on the User Profile feature. Member understands that, in some cases, Member may still receive messages (which may have been scheduled prior to Member's termination) after termination. Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with GiftProfessor.com, Member's only recourse is to immediately discontinue participation in GiftProfessor.com and properly terminate his or her membership. (See paragraph above).

   GiftProfessor.com reserves the right to terminate the membership of any Member who appears to be using GiftProfessor.com in a manner inconsistent with this Agreement, the intent of this Agreement, or any GiftProfessor.com Rewards Program rules.