TERMS AND CONDITIONS
Welcome to the Gifts of Honor LLC website (the “Website”). Please review the following Terms and Conditions carefully. These Terms and Conditions govern your access and use of this Website, and the products and services offered. By accessing and using this Website, you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions or rules that may be posed in connection with specific sections, services or products on this Website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions. If you browse and use this Website or make any purchases, you agree to comply with and be bound by these Terms and Conditions.
COLLECTION OF INFORMATION
We collect personally identifiable information, including but not limited to names, postal addresses, and email addresses, when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
Your personally identifiable information is kept secure. When you give us your email, phone, or other contact information, we will not share that information with any other organization or individual, except that we reserve the right to share your name, postal address and email address with organizations whose leaders are featured on our website.
The Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Website, and understanding how visitors use the Website. Cookies can also help customize the Website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
When you visit the Website or send emails to us, you are communicating with us electronically. By accessing the Website or sending us emails, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
TRADEMARK, COPYRIGHT & INTELLECTUAL PROPERTY NOTICE
GIFTS OF HONORTM is / are trademark(s) of Gifts of Honor LLC. All rights reserved. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gifts of Honor LLC or its content suppliers and protected by international copyright laws. The compilation of all content on the Website is the exclusive property of the Gifts of Honor LLC, with copyright authorship for this collection by Gifts of Honor LLC, and protected by international copyright laws. © 2014 Gifts of Honor, LLC.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Website in a way that constitutes copyright infringement please send us an email to: email@example.com.
Gifts of Honor LLC respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. As a condition to your use of the Website, you agree that you will not use the Website or our goods and services to infringe the intellectual property rights of others, including copyright, trademark, patent, trade dress, or other proprietary rights of any person or entity in any way. We reserve the right in our sole discretion, to terminate the account of anyone who misuses or infringers the intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, Gifts of Honor, LLC will respond expeditiously to claims of copyright infringement committed using the Website. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright, or authorized to act under any exclusive right under the copyright, please report your notice of infringement by contacting Gifts of Honor, LLC via email to: firstname.lastname@example.org. Include in your email the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A direct link of the image in question;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
LICENSE AND SITE ACCESS
Gifts of Honor LLC grants you a limited license to access and make personal use of the Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gifts of Honor LLC. This license does not include (a) any resale or commercial use of this Website, its contents, or goods and services offered herein, (b) any collection and use of any product listings, descriptions, images or prices, (c) any derivative use of this Website or its contents, (d) any downloading or copying of account information for the benefit of another company or individual, or (e) any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Gifts of Honor LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Gifts of Honor LLC and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Gifts of Honor LLC’s name or trademarks without the express written consent of Gifts of Honor LLC. Any unauthorized use terminates the permission or license granted by Gifts of Honor LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gifts of Honor LLC so long as the link does not portray Gift of Honor LLC, our associates, subsidiaries, parents, affiliates and each of our and their directors, officers, managers, members, partners, agents, and employee, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gifts of Honor LLC logo or other proprietary graphic or trademark as part of the link without express written permission. Subscriptions are valid for the life of the business.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are solely and fully responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security. If you are under 18, you may use our website only with involvement of a parent or guardian. Gifts of Honor LLC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
In your use of the Website, you may post reviews and comments, suggestions, ideas, questions, or other information. In using the Website, you agree to act responsibly and in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (a) violate any applicable law or regulation, (b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (c) use the information available through our Website for any unauthorized purpose, (d) interfere with or damage our Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents, (e) use our Website to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers, (f) use our Website in connection with the distribution of unsolicited commercial email (“Spam”), advertisements, or political campaigning, (g) “stalk” or harass any other user of our Website, (h) collect or store any information about any other user other than in the course of the permitted use of our Website, (i) use our Website for any commercial purpose whatsoever, (j) impersonate any person or entity, (k) remove any copyright, trademark or other proprietary right notices contained in the Website, (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Service, or (m) assist any third party in doing any of the foregoing. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide misleading information.
Gifts of Honor LLC reserves the right (but not the obligation) to remove or edit any content for any reason, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Gifts of Honor LLC and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or later developed. You grant Gifts of Honor LLC and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
Gifts of Honor LLC has the right but not the obligation to monitor and edit or remove any activity or content. Gifts of Honor LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that: (a) you have the full power and authority to enter into and perform under these Terms and Conditions, (b) you own or otherwise control or have all rights necessary to license the content that you post, (c) that the content is accurate, and does not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and (d) that use of the content you supply does not violate this policy and will not cause injury to any person or entity.
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners agents and employees, harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Website or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
PERFORMANCE DESCRIPTIONS AND AVAILABILITY
Gifts of Honor LLC and its associates attempt to be as accurate as possible. However, Gifts of Honor LLC does not warrant that descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a service offered by Gifts of Honor LLC itself is not as described, or becomes unavailable for any reason, your sole remedy is the Gifts of Honor policy put into effect at that time.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY GIFTS OF HONOR LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIFTS OF HONOR LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIFTS OF HONOR LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GIFTS OF HONOR LLC DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM GIFTS OF HONOR LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. GIFTS OF HONOR LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Links to other sites are provided as a service to website visitors. Such links do not constitute Gifts of Honor LLC approval of, or agreement with, any content on those sites. Content on all external sites is the responsibility of the respective owners of those sites. Gifts of Honor LLC is not responsible for any inappropriate, offensive or other objectionable content on such sites. If such objectionable material is brought to our attention we reserve the right to terminate the link(s) to that site with or without notice.
By visiting Gifts of Honor LLC, you agree that the laws of the state of Connecticut, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Gifts of Honor LLC or our associates, subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners agents and employees.
Any dispute relating in any way to your visit to Gifts of Honor LLC or to products you purchase through Gifts of Honor LLC shall be submitted to confidential arbitration in Connecticut, USA, except that, to the extent you have in any manner violated or threatened to violate Gift of Honor LLC intellectual property rights, Gifts of Honor LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Connecticut, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
WEBSITE POLICIES, MODIFICATION, AND SEVERABILITY
Gifts of Honor LLC reserves the right to make changes to our Website, policies, and these Terms and Conditions at any time. Your continued use of the Website constitutes your acceptable of such changes. If any of the Terms and Conditions is be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions.
Questions regarding our Terms and Conditions, or other policy-related material can be directed to our support staff by clicking on the “Contact Page.” link.