1. ACCEPTANCE OF TERMS
Welcome to Higgins and Higgins Online Gift Store. Higgins and Higgins Online Gift Store, hereunto referred to as Giftsinc.com its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of
the TOS at any time at: http://www.giftsinc.com/terms/. In addition, when using
particular Giftsinc.com services, you and Giftsinc.com shall be subject to any posted
guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS.
2. DESCRIPTION OF SERVICE
You are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access
the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
Giftsinc.com has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Giftsinc.com has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
4. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Giftsinc.com has no control over such
sites and resources, you acknowledge and agree that Giftsinc.com is not
responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Giftsinc.com shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance
on any such Content, goods or services available on or through any such
site or resource.
5. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GIFTSINC.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. |
b. |
GIFTSINC.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED. |
c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. |
d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM Giftsinc.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS. |
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIFTSINC.COM SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Giftsinc.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
7. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
8. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Giftsinc.com and
govern your use of the Service, superceding any prior agreements between
you and Giftsinc.com. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and Giftsinc.com
shall be governed by the laws of the State of California without regard to
its conflict of law provisions. You and Giftsinc.com agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Tulsa, Oklahoma. The failure of Giftsinc.com to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
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