Conditions of use

The gift cards offered for sale through this site are being purchased in an uncertain economic environment in an effort to stabilize independent businesses.  Some of the businesses selling gift cards through this site may not survive the economic downtown.  DPI is not a guarantor of the businesses’ success or their obligations to honor gift cards purchased through this site.  By making a purchase, the purchaser agrees (a) to release, indemnify, and hold harmless Downtown Pittsfield, Inc. (DPI) from and against all claims, causes of action, and damages arising from the failure of the businesses whose gift cards are being sold through this site or their refusal or inability to honor gift cards for any reason, (b) not to dispute any credit or debit card charge on the grounds that the business fails or the gift card is dishonored, notwithstanding any contrary provision of the merchant or processing agreement between or among DPI, its credit card processing firm, and/or the credit card bank or interchange, or the user agreement between the purchaser and the issuing bank, and (c) to reimburse Downtown Pittsfield, Inc. immediately upon demand for the dishonored amount and any other damages or costs incurred by DPI (including, without limitation, reasonable attorneys’ fees) arising from a dispute filed by the purchaser in violation of clause (b) or any civil or investigatory proceeding initiated with respect to the purchaser.