Terms of Use

This website (presentvalue.com) is the property of Present Value Inc. (Present Value) and is offered for use to you, the customer, conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Your use of this website, both as a visitor, registered Present Value user and as a gift-giver, constitutes your agreement to all such terms, conditions and notices.


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Use of This Site
Present Value maintains this website is for your personal use, entertainment, education and communication. You should assume everything you see or read on the website is the property of Present Value and its licensers or partners. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell information without the prior written permission of Present Value.

Rights of Present Value 
Present Value has the right to:


Change the Terms and Conditions of Use
Present Value reserves the right to change the Terms and Conditions of Use at any time and without prior notice to the registered user. Such changes will be effective only when they are posted to the Terms and Conditions of Use section of the website.

Modify and Discontinue Present Value
Present Value reserves the right to modify or discontinue presentvalue.com at any time without notice after distribution of registered user gift money balances. Details about gift money balances are as follows:

The "Amount Received" that is listed within a registered user’s personal profile page is representative of what a registrant has received in gifts since the registries inception. The “Amount Received” then is the entire sum they are ultimately due; no additional service fees will be levied at the point of pay-out (referred to on the site as “Gifts Ready” within the users profile where the user will “Request Transfer” for each assigned account), unless the user selects to receive their money in a manner that requires additional fees (i.e. via wire transfer or FedEx; regular check and regular USPS delivery is free, both in the U.S. and internationally).  If the user selects to receive their money in a manner requiring additional fees, as mentioned above, then these will be assessed during the “Gifts Ready” and “Request Transfer” process as well.

There will be two (2) balance quantities noted in a registered user’s profile/account, one that reflects the total gift amount that has been earned on the registry since its inception (“Amount Received”) and the other that reflects the amount that is available for redemption at the current time (known as “Gifts Ready”). These amounts may not be the same if there are any gifts that have been purchased in the past 72 hours or if the user has previously “Requested Transfer” of funds. To protect against fraud, we hold all gift amounts for 5 days to ensure that they clear with the credit card company. Once cleared, the money is listed as available in the “Gifts Ready” column if all other appropriate account information has been completed (“Account Type”, “Institution Name”, “Name on Account”, “Account Number”, and “Routing Number”). The status column will denote whether or not the funds listed in the “Gifts Ready” column are currently eligible for transfer into the registered users financial account. The status column must show “Ready” for a registered user to redeem funds.

Remove user materials from the website
Without reference to the user and in its absolute discretion remove any user materials from the website in order to rectify such breach or terminate the provision of its services and do all such things as it considers appropriate to prevent the user gaining access to or using the Website.


Publish, (or cease to publish), reproduce, use, adapt and manipulate all materials posted on the website


Correct any errors, inaccuracies or obvious omissions in the materials on the website without prior notice to the users


Shut the website down or suspend access to the website for the purpose of improving, maintaining or altering it or as otherwise required by law
Terminate the use of the website on not less than 7 days' notice, unless required by law


Terminate an event registry site's unique URL (web address), and the associated site, on not less than 7 days' notice, unless required by law

Refuse to accept P.O. Boxes as an acceptable form of mailing address for users to receive their gift money

Service Fee 
We charge a 3.5% service fee to the gift giver at check out. Present Value does not have a sign-up fee. Registered users are not charged a service fee during the account set-up process.


Submission of Your Content 
By submitting and/or posting any material to the website (Content), you automatically grant to Present Value a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. Although we periodically review the Content posted on our site (this includes emails that a user may send to friends/family using our “Email” tool button on the registry), Present Value does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Present Value does not screen user Content in advance and is not responsible for screening or monitoring material posted/sent by users. If Present Value becomes aware of any Content that allegedly does not conform to these Terms and Conditions of Use, Present Value may investigate the Content and determine in good faith, in its sole discretion, whether to remove or request the removal of the Content. Present Value has no liability or responsibility to you for performance or nonperformance of such activities. Present Value reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.

Currency 
Present Value is based in the USA and operates with US dollars as its primary currency.

Present Value issues payments in US dollars. If you will be depositing your gift money into a non-US bank, your bank may be assessed a currency exchange fee and/or a fee for a foreign deposit. You must consult your bank for these details.

If a gift-giver is purchasing with a non-US credit card, they may be subject to currency exchange fees levied by their credit card company; this has nothing to do with Present Value. Any concerns about exchange fees and rates should be directed to your credit card company.

User Registration and Termination of Account 
Registered users attest that all information provided in the registration process is true and accurate. Present Value may, at any time, and at its sole discretion, terminate the registered user’s membership without prior notice.

If the registry or the account have not been operated or had no transactions for over a continuous period of twelve (12) months, then Present Value has the right to close such event registry, or the account, without any prior notice to the user.

Present Value is not obligated to save any data, information or materials being deleted from such event registry site, or the account on the website, and shall not be liable to anyone for loss of such data, information or materials as a consequence of the deletion.

Should a registry account balance exist, Present Value shall use reasonable endeavors to contact the account owners to redeem their balance. If Present Value is unable to locate or identify the owner or person entitle to the receipt of the moneys in the account, then such moneys shall be treated as unclaimed money.

Request Transfer: Redeeming Your Gift Money 
A transfer payment will only be mailed/transferred in the name of, and to the address of, the person listed in the “Name(s) on Account” column within the “Accounts” tab for each assigned account. Each individual gift is available for transfer after a 72 hour waiting period and after the assigned account has been completed fully and deemed “Ready” in the “Status” column within the users profile. Registered users can request as many payments as they want from Present Value, as long as they have an outstanding balance in their account.

Once registered users begin to receive gifts (i.e. once they receive 1 gift), they cannot change any information in the accounts tab of an account that has already been setup and assigned to a registry item. Both the 72 hour waiting period, as well as the inability to change information in the accounts tab, are for the protection of our registered users against fraud, hackers and any other malicious conduct online.

All transfer requests will be processed within 2 business days of the request. It will then take between 5 and 10 business day for the funds to arrive in the users account depending on the method of transfer. If user does not receive funds it is their responsibility to contact support at info@presentvalue.com within the following time frames to report that funds have not arrived. Outside of this timeframe and it is not guaranteed that funds can be traced (this is most vital for ACH transfers where the bank controls the tracing time frame. With USPS we need to allow longer periods of time (approximately 6 weeks) for the mail to be returned since USPS mailings are not trackable):
ACH Transfers: Within 4 days of request
Check Mailed via USPS: Within 7 days of request
For ACH and International Wire Transfer requests, once the money leaves the Present Value bank account, if we are not contacted within the above time frame, we cannot commit to being able to recover the funds since we are restricted by the banking system's tracing abilities, though we will do everything we can to work with the bank within a reasonable amount of time.
For checks mailed via USPS, you are making that redemption method request at your own risk. Envelopes are not trackable via USPS regular mail and therefore we cannot ensure delivery. If an envelope does not arrive and you request a stopped check so that Present Value can re-issue the money, you will be responsible for the $30 bank fee.

Canceling a Transfer Request and Stopped Checks 
You must email us at info@presentvalue.com or call 888-227-7414 immediately, in 4 hours or less, if you need to cancel a transfer request. If we have not yet processed the request, we can cancel the request for you without any implications and the money will be returned to your account to await a future transfer request. There will be no penalty if the request was not yet processed.

If you have requested transfer via ACH direct deposit or international wire transfer and we have already processed the request, unfortunately we cannot cancel it. If you have transferred via check and we have already processed the request but you still  want it canceled, we can cancel it for you and put a stop on the check. However, you will be assessed a $30 stopped check fee in the subsequent check.

Large Purchases, Disputed Purchases and Pending Credit Card Purchases 
Present Value reserves the right to request an authorizing signature on purchases exceeding a predetermined amount in an effort to protect against the possibility of credit card fraud. This is primarily aimed at protecting the gift-givers and so requires an active communication effort with them as well as their cooperation. Please note that these funds may be subject to escrow until authorization or an unspecified period of time.

Gift Errors and Refunds 
Once a gift-giver has confirmed and processed their gift for a Present Value registrant, there is no refund immediately possible. Present Value has sole discretion to determine the validity of a return/cancellation request. We operate under the assumption that the gift-giver is willingly depositing a gift into the account of a Present Value registrant, and has had optimal opportunity during the steps of checkout to review and confirm their order, and therefore a refund should not be necessary. However, if a gift-giver believes that there has been a system error (not a human error) in the amount of the gift, or who the gift was intended for (i.e. it was deposited in the wrong person's registry), the gift-giver should contact info@presentvalue.com or call 888-227-7414 immediately. In most cases, if the gift-giver would like the charge reversed, the gift-giver will be responsible for paying the credit card fees associated with processing the return.

Chargebacks and Disputes 
By using the Present Value service, you are waiving your rights to chargebacks. You, the gift-giver, are willingly depositing a gift into the account of the Present Value user you have selected. Present Value is acting as a middleman to provide this service to our registered users. There should be no dispute about the validity of a charge, as this is a system of one-time purchases, without auto-renewals or anything else that might cause you to receive an unfamiliar charge (the only exception being for non-US credit cards that could incur a foreign transaction fee from your card issuer), and said gift is purchased and given of your own free will. In the instance that the event you have contributed towards has been cancelled, it is the responsibility of the gift-recipient to return the money to the gift-giver; a situation such as this is not just cause for a chargeback.

Should a gift-giver decide to proceed with disputing a valid charge from Present Value regardless of the indemnification, and the registered user in question still has the disputed gift(s) as part of their current balance, the value of the gift along with a $15.00 chargeback fee will be deducted from said registered user balance. If the registered user has no current balance, the disputed amount plus chargeback fee will be held back from any future gifts they may receive. Present Value will contact the gift-giver in an effort to rectify any situation involving disputed gift(s).

We endeavor to work closely with our credit card merchant to ensure that all credit card transactions are legitimate and not fraud. In the event of a fraudulent transaction with your credit card, we will work with the card holder to rectify the situation. However, if a customer is misusing chargebacks because they have simply changed their mind, we reserve the right to deduct the amount of the chargeback fee from the registered user’s account.

Cancelled or Postponed Events and Returning the Gifts 
Please notify Present Value of an event postponement or cancellation as soon as possible. If the event will be delayed, you must log into your Present Value account with your email address and password to edit the information pertaining to your event that has changed. 

 If your event is cancelled, you are responsible for returning the funds to the gift-givers. If there is still money in your account that has not been redeemed, upon your notice we will conduct a final transfer and send you the check. It is the gift-recipient's responsibility to return those funds to your gift-givers; we do not process refunds.

Termination 
You agree that Present Value may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of Present Value or any third party, or for any reason with or without notice to you. Present Value also has the right to terminate (i.e. delete) your event registry site, if it goes unused for more than a year from the date it was created. You agree that Present Value will not be liable to you or any third party as a result of such modification or discontinuation.

Closing Your Registry 
 At any time, you may close your registry and receive the remainder of your balance.  You can close your registry by deleting all of the items that you have entered on the registry tab. Once you've closed your registry, purchases can no longer me made from it, but the rest of your site is still accessible to the public. To make your registry not accessible to the public you can unpublish your registry from the registry tab.

Unclaimed Balances 
A registry with an unclaimed balance that is not redeemed for two years after the Event date will be closed and the event registry site deleted. Present Value will attempt to contact the user via email two months before the two year period.

Liability Disclaimer 
Your use of this website is at your risk. Present Value does not warrant or represent that our Content is accurate, error-free or reliable or that your use of such material will not infringe rights of third parties. Present Value does not warrant or represent that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, Present Value is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PRESENT VALUE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.

Limitation of Liability 
NEITHER PRESENT VALUE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRESENT VALUE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

General 
This agreement is governed by the internal laws of the State of New York without regard to conflict of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Present Value as a result of this agreement or use of this website. Present Value's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Present Value's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Present Value with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the customer and Present Value, with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Present Value, with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

Trademarks 
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Present Value and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Present Value or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.

Copyright 
All Content included on this website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Present Value or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this website is the exclusive property of Present Value and protected by U.S. and international copyright laws. All software used on this website is the property of Present Value or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this website is strictly prohibited.

Copyright Infringement 
Present Value respects the intellectual property rights of others. Accordingly, Present Value has a policy of terminating, in appropriate circumstances, the account of any Present Value user who repeatedly posts infringing material on the Present Value website.
 

Indemnity 
You agree to defend, indemnify, and hold harmless Present Value, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these Terms and Conditions. Present Value shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Password 
 You will receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.

Contact Information 
Present Value
1407 Broadway, 24th Floor
New York, New York 10018 USA 
www.presentvalue.com
 info@presentvalue.com 
 Customer Service #: 888-227-7414

© 2015 Present Value Inc.

By using the services provided by Present Value Inc., you acknowledge that you have read our Terms and Conditions of Use and agree to them.