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GIFTS A'LA MODE
WEBSITE TERMS AND CONDITIONS OF USE
Please read these terms and conditions of use ("Terms") carefully
before using this website.
Gifts a'la Mode strictly reserves the right to change, modify or
revise these Terms at any time, without prior notice. Such changes are
effective immediately upon posting on this Site and you are deemed to
have received notice of such revisions, at the time of their posting.
Gifts a'la Mode reserves the right to revoke any or all access and use
authorizations granted to you in regard to this Site. IF YOU DO NOT
AGREE WITH ANY OF THESE "TERMS AND CONDITIONS OF USE", PLEASE EXIT THE
WEBSITE AT THIS TIME.
1. Services.
The information contained on this website, including all
web page documents, audio and video files, all data and all content
(the "Site" or "Website") is provided for your use conditional upon
your acceptance without modification of the Terms. This Website is
owned and operated by Gifts a'la Mode (referred to herein as "Gifts
a'la Mode" "we," "us," or "our"). We provide you with access to a
variety of resources, including but not limited to product information
and product purchasing (collectively "Services").
2. Use Limitation.
While we encourage you to print information to help
you shop, unless otherwise specified, no products or Services on this
Site, including but not limited to the content of the Site, may be
modified, copied, downloaded, transmitted, distributed, performed,
reproduced, published, licensed, transferred, sold, used to create
works from or used in any other way. You may not alter or attempt to
alter any material on the Site, or the Site itself. You also may not,
without our permission, "mirror" any material contained on this Site or
any other server. Any unauthorized use of any material contained on
this Site may violate copyright laws, trademark laws, laws of privacy
and publicity, and communication regulations and statutes. You
represent and agree that you are at least 18 years of age and that if
you are younger than 18 you will not use this Site.
3. No Unlawful or Prohibited Use.
Please feel free to browse the Site;
however, your access and use of the Site is subject to these Terms and
all applicable laws. You may not use the Site in any manner that could
disable, overburden, or impair any of the servers, or interfere with
any other person's use and enjoyment of the Site, other accounts,
computer systems or networks connected to the servers or to the Site,
through hacking, password mining or any other means. You may not obtain
or attempt to obtain any materials or information through any means not
intentionally made available through this Site. Your rights to use this
Site may be further limited by federal law or the laws or regulations
in your particular state or locality. We may, at our sole discretion,
and at any time, modify or discontinue the Site, or limit, terminate or
suspend your use of the Site.
4. Ownership, Copyright And Trademark.
You agree and acknowledge that
Gifts a'la Mode is the owner or licensee of this Site. Any
unauthorized use of any material on this Site may violate such laws.
The trademarks, logos, and service marks and product images used and
displayed on this Site ("Trademarks") are registered and
unregistered trademarks and or service marks of their individual owners, and are used herein with their expressed permission. Under no circumstances may you use any of the Trademarks, Logos, Service Marks or Product Images appearing on this Site, without prior written permission of the trademark holder. Nothing
on this Site should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Trademarks without the
written permission of the Trademark owner. If you make any copies of
the Site, or portions of the Site, such copies must include the
appropriate copyright, trademark, or other proprietary notices. No
links may be established to any part of this Site and no information on
this Site may be framed without our prior written approval. If you
believe that any of your work was copied by another, in a way that
infringes your copyrights, and is posted on this Site, please provide
us with the following information:
1) a description of your work that you believe was infringed;
2) a description of the work believed to be infringing and where it
appears on the Site; and
3) your contact information - name address, telephone number and email
address. This information should be accompanied by a statement that you
believe, in good faith, that the infringing use is not authorized, and
that, under penalty of perjury, all of the information in this notice
is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
5. Duration of This Agreement.
These Terms are an agreement between you
and Gifts a'la Mode (the "Agreement"). This Agreement will continue to
be effective until you or we terminate it. You may terminate this
Agreement at any time by destroying any and all materials you obtained
from this Site and by ceasing to use the Site in any way. We may
terminate this Agreement immediately and without notice if we, in our
sole discretion, decide that you have failed to comply with any term or
condition of this Agreement or if we decide to modify the terms and
conditions governing future use of the Site.
6. Information Provided By You.
We do not want you to, and you agree
through the use of this Website, that you will not send any
confidential or proprietary information belonging to you or any other
entity to us, unless specifically requested by us. Any material
information or idea you transmit to or post on this Site by any means
will be treated as nonconfidential and nonproprietary, and may be
disseminated or used by us for any purpose whatsoever, including, but
not limited to, developing, manufacturing and marketing products.
Notwithstanding the foregoing, personal data provided to us through
this Site will be handled in accordance with our Privacy Policy, which
is available at this link, incorporated into these Terms and made a
part hereof.
You are prohibited from posting or transmitting to this Site any
unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material, or any other material
that could give rise to any civil or criminal liability under the law.
You understand that information transmitted over public networks may be
accessed by third parties and we will not be liable for any such
unauthorized disclosure.
7. Third Party Content and Linked Sites.
You acknowledge that the opinions and recommendations expressed or made available in this Site, are those of the respective author(s) and are not necessarily those of Gifts a'la Mode. This Site contains links to other sites created and
maintained by other organizations, which may or may not be related to
us. These links are provided for your convenience and are for reference
only.
8. Member Account, Password and Security.
If any of the Services
requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information
as prompted by the applicable registration form. You are responsible
for maintaining the confidentiality of your password and account.
Furthermore, you are responsible for any and all activities that occur
on your account. You agree to notify us immediately of any unauthorized
use of your account or any other breach of security of which you become
aware. We are not be liable for any loss that you may incur as a result
of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred
by us or another party, due to someone else using your account or
password. You may not use anyone else's account at any time, without
the permission of the account holder.
9. Disclaimer of Warranties and Limitations of Liability.
Your use and browsing of this Site is at your sole risk. If you are dissatisfied
with the Site or any of the materials on the Site, or with any of the
Terms, your sole and exclusive remedy is to discontinue accessing and
using the Site.
THIS WEBSITE, AND THE AND INFORMATION CONTAINED ON THIS WEBSITE, ARE
PROVIDED “ AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, GIFTS A'LA MODE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. GIFTS A'LA MODE DOES NOT WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GIFTS A'LA MODE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS
WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET
ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE
ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS,
STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS SITE, OR FROM MATERIALS OR
INFORMATION OBTAINED FROM LINKED INTERNET ADDRESSES, RESULTS IN NEED
FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL GIFTS A'LA MODE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
10. Jurisdiction And Governing Law.
Gifts a'la Mode operates and
controls this Site (excluding linked sites) from its offices within the
State of Texas, United States of America. You agree that the statutes
and laws of the State of Texas, without regard to its conflicts of law
principles, will apply to all matters regarding the use of this Site.
You also agree to submit to the exclusive personal jurisdiction and
venue of the Court(s) of Travis County, Texas and the United States
District Court for County of Travis and the State of Texas, with
respect to such matters. Gifts a'la Mode makes no representation that
the Site or the materials displayed on the Site are appropriate or
available for use in any other jurisdictions or countries. If you
attempt to access, use, or download the materials from this Site from
other jurisdictions, you do so at your own risk, and you are
responsible for complying with the laws of other jurisdictions.
11. International Users.
Materials published at this Site may refer to
products, programs or services that are not available in your country.
We make no representation that this Site or the materials at this Site
are appropriate or available for use at locations outside of the United
States and access to them from territories where they are illegal, is
strictly prohibited. You may not use the Site or export information or
materials at this Site in violation of the export or other laws,
regulations, executive orders, decrees or other legal enactments or
requirements of the United States or any other country. If you access
this Site from a location outside of the United States, you are
responsible for compliance with all applicable laws. By using this Site
you represent and warrant that you are not located in, under the
control of, or a national or resident of any country on the U.S.
Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders or Denied Persons List.
12. Chat Rooms And Bulletin Boards.
If any chat rooms or bulletin boards are provided on the Site, they are provided by us as a service and convenience to our visitors. You should however, understand the risks involved with using this type of site. Therefore, before you can
participate in any chat room or bulletin board on this Site it is
important that you read, understand and agree to the following terms
and conditions and all of the Terms on this Site.
You agree that you will not upload any material to this Site that
infringes any proprietary right, including, but not limited to,
copyrights or trademarks. You also agree not to upload any material
that is obscene, libelous, defamatory, harassing, hateful, or racially,
ethnically or otherwise objectionable. You also agree not to
impersonate any person or entity or otherwise misrepresent your
affiliation with a person or entity. You agree not to "stalk" or
otherwise harass another or store personal data about other users.
We do not screen, review or control the information and listings posted
by users, nor do we screen, review, or control any of the people who
participate. Gifts a'la Mode is not responsible for the information or
material provided on this Site by others and cannot guarantee the
accuracy of the information provided by any other party. Because we do
not control the transactions between you and other users, you hereby
acknowledge that we are in no way liable for any claims arising from
your use of this Site. As a condition of your use, you agree to
indemnify Gifts a'la Mode for all claims relating to any material or
information posted by you on this Site. Remember that there are risks
in dealing with people you do not know and that we have no control over
such risks. You need to exercise care in these transactions. People may
provide information that is offensive, false, harmful, or deceptive.
Please be cautious when sharing information, especially personal
information, with others.
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