WELCOME! Please read these terms and conditions carefully. By viewing or using our website or by ordering any catalogs, products or gift cards through our website, you agree to the Terms and Conditions below.
TERMS AND CONDITIONS
� This agreement describes your responsibilities with respect to your use of SpecialtyGifts.com.
� Information at SpecialtyGifts.com. For your benefit, SpecialtyGifts.com contains information, offers, text, and other materials (collectively, the �Information�) that are provided for your convenience and enjoyment. In addition, third parties provide much of the Information to SpecialtyGifts.com. You should be aware that the Information might contain errors, omissions, inaccuracies, or outdated information. SpecialtyGifts.com does not guarantee the completeness, accuracy, adequacy, currency or reliability of the Information.
� Ordering. When you order a catalog, merchandise, or savings certificate through SpecialtyGifts.com, you will be asked to voluntarily provide us with true and accurate information about yourself. This information is comprised of the information that you voluntarily fill in on our order form. Please note that we are committed to protecting your privacy and that all of your information is subject to the terms of the SpecialtyGifts.com Privacy Statement found on our website.
� Representations. By using this Website, you represent that:
You are at least eighteen years old or you are using this website under the supervision of an adult guardian; and
You will not upload, post, transmit, distribute or otherwise publish through SpecialtyGifts.com any materials which (i) restricts or inhibits any other user from using and enjoying SpecialtyGifts.com; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law; (iv) violates, plagiarizes or infringes the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (v) contains a virus or other harmful or potentially harmful component; (vi) contains any information advertising of any kind; and/or (vii) constitutes or contains false or misleading indications of origin or statements of fact.
� No Endorsement. SpecialtyGifts.com neither represents nor endorses the accuracy or reliability of any message, advice, opinion, statement, memorandum, or other information displayed or distributed through SpecialtyGifts.com. It is up to you whether you wish to rely upon any such message, advice, opinion, statement, memorandum, or information.
In all cases, we will send you confirmation emails of your requested information.
[And here' more legal stuff. Our Attorneys Made Us include.]
� WARRANTY; LIMITATIONS.
� THE SPECIALTYGIFTS.COM WEBSITE, INCLUDING ALL CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM SPECIALTYGIFTS.COM, IS PROVIDED AS IS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SPECIALTYGIFTS.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT:
- THE CONTENT ON SPECIALTYGIFTS.COM;
- THE CONTENT, OFFERS, FUNCTIONS, MATERIALS AND INFORMATION ACCESSIBLE THROUGH SPECIALTYGIFTS.COM;
- ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES, OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR,
- ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH SPECIALTYGIFTS.COM OR ANY LINKED SITE.
� FURTHER, SPECIALTYGIFTS.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIALTYGIFTS.COM DOES NOT WARRANT THAT SPECIALTYGIFTS.COMOR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT SPECIALTYGIFTS.COM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPECIALTYGIFTS.COM SHALL NOT BE LIABLE FOR THE USE OF SPECIALTYGIFTS.COM INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO THIS AGREEMENT.
� SPECIALTYGIFTS.COM DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF ITS WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF SPECIALTYGIFTS.COM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SPECIALTYGIFTS.COM.
� Limitations. Under no circumstances shall SpecialtyGifts.com be liable for any special, incidental, indirect or consequential damages that are directly or indirectly related to the use of, or the inability to use, SpecialtyGifts.com even if SpecialtyGifts.com has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall SpecialtyGifts.com total liability to you for all damages, losses, or causes of action exceed the amount of a complete refund for items purchased by you through SpecialtyGifts.com in the one (1) month period preceding the alleged loss or claim, or $100.00, whichever is less.
� Indemnification. You agree to indemnify SpecialtyGifts.com , its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as "Indemnitees") and SpecialtyGifts.com agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys' fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against SpecialtyGifts.com and/or Indemnitees, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of SpecialtyGifts.com .
� Iowa Law and Jurisdiction. Notwithstanding any provision to the contrary, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of Iowa, without regard to its conflicts of laws rules. The parties consent to the sole and exclusive jurisdiction and venue of the Iowa State Courts in Polk County, Iowa, for all state court matters, and the District of Iowa for all federal court matters.
� Notices; Electronic Notification.
When you sign up for any service or purchase any product offered by SpecialtyGifts.com , you consent to receive any privacy or other notices, agreements, disclosures, reports, documents, communications, or other records (collectively, Notices) electronically. You consent to receive Notices electronically in either or both of the following ways:
- We may post the Notice on our website (www.SpecialtyGifts.com ); or,
- We may transmit the Notice to you by email.
If you do not wish to receive Notices from SpecialtyGifts.com electronically, you should not order any catalog, newsletter or savings certificate through SpecialtyGifts.com .
All Notices provided to you electronically will be deemed to be "in writing."
� Miscellaneous. This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.