Terms of Use
Welcome to the cards4heroes.com web site,
operated by cards4heroes.com, LLC (“we,” “us,” or “our”). We
ask that you read the following terms of use, which constitute a
license that covers your use of this site and any transactions
that you engage in through this site ("agreement").
By accessing, viewing, or using this site,
cards4heroes.com, you acknowledge that you have read,
understand, and agree with these terms. If you do not wish to
be bound by these terms, please do not use this site. The
Internet is constantly changing. We therefore reserve the right
to revise these terms at any time. So, please check these Terms
of Use periodically for changes. By continuing to use this site
after changes have been made to it, you accept all changes.
USE OF SITE :
This web site is
provided solely for the personal, non-commercial use of current
and future customers of cards4heroes.com, LLC, to provide you
with information about our company, to permit you to place
orders for our products and services, and to enable you to
contact us with any questions or comments that you may have.
Any other use of this site is prohibited. By way of example,
you should not use any features of this site that permit
communications or postings to post, transmit, display, or
otherwise communicate: (i) any defamatory, threatening, obscene,
harassing, or otherwise unlawful information; (ii) any
advertisement, solicitation, spam, chain letter, or other
similar type of information; (iii) any encouragement of illegal
activity; (iv) unauthorized use or disclosure of private,
personally identifiable information of others; or (v) any
materials subject to trademark, copyright, or other laws
protecting any materials or data of others in the absence of a
valid license or other right to do so. Further, you may not
link to or frame this site or its Materials without the specific
permission of cards4heroes.com, LLC. Posting of Materials or
any other exploitation of the Materials, in whole or in part, on
any other web site is strictly prohibited.
YOUR ACCOUNT AND SUBMISSIONS:
You represent that all the
information that you provide is correct and accurate. You also
represent that you are at least eighteen (18) years of age and
have the legal capacity to enter into and be bound by these
terms.
We will not be obligated to keep
any submission through the site confidential, except for
customer orders, which are covered by our
Privacy Policy.
cards4heroes.com, LLC, will own all rights and title in
submissions transmitted through the site and will be free to use
your submissions for any purpose without liability to you or any
third party. If you submit confidential or proprietary
information, images, text, or other materials to us, you must
mark them as such and preferably send them by mail to us at the
address listed on our “Contact Us” page, “ATTN: Submissions.”
We are not obligated to use any material submitted to us.
Submissions are non-returnable.
SALES TAX:
cards4heroes.com, LLC, will
charge and withhold the applicable sales tax for all orders to
be sent to addresses in the state of Michigan. We shall not be
responsible for any sales, use or other type of tax on orders
shipped to any other state.
RISK OF LOSS:
All items that are purchased from
this site are made pursuant to a shipment contract. Upon our
delivery of the item or items to the carrier, all risk of loss
and title for the item or items passes to you. By requesting us
to ship merchandise to a military address (APO/FPO), you
acknowledge that it may be delivered by the carrier to a war zone and may not
arrive promptly, at all, or intact. We bear no responsibility
for delivery to such zones.
YOUR ELECTRONIC COMMUNICATIONS AND
ELECTRONIC SIGNATURES:
You agree to be bound by any affirmation, assent, or
agreement you transmit through this Web site, including but not
limited to any consent you give to receive communications from
cards4heroes.com, LLC, solely through electronic transmission.
You agree that when in the future you click on an "I agree," "I
consent," “submit,” “checkout,” “place order,” or other
similarly worded "button" or entry field with your mouse,
keystroke, or other computer device, your agreement or consent
will be legally binding and enforceable and the legal equivalent
of your handwritten signature.
SITE CONTENTS AND INTELLECTUAL PROPERTY
OWNERSHIP:
The information contained on this site, including all
images, designs, photographs, writings, graphs, data, icons,
logos, written and other materials ("Materials") is either the
property of cards4heroes.com, LLC, or has been licensed to
cards4heroes.com, LLC, for its use, and is protected by
copyrights, trademarks, trade secrets, or other proprietary
rights. Permission is granted to display, copy, distribute,
download, and print portions of this site solely for the
purposes of using this site for the authorized uses described
herein. You must retain all copyright and other proprietary
notices on all copies. You shall comply with all copyright laws
worldwide in your use of this Web site and prevent unauthorized
copying of the Contents. Except as provided in these Terms,
cards4heroes.com, LLC, does not grant you any express or implied
right in or under any patents, trademarks, copyrights, or trade
secret information.
Access to the site does not authorize anyone to use any
name, logo, slogan or mark in any manner. No trademark or
service mark license is granted in connection with the Materials
contained on this site. The use of our marks as meta-tags for
search engines is strictly prohibited. The following are
trademarks or service marks of cards4heroes.com, LLC:
cards4heroes.com
Helping Americans Thank Our Troops!
cards4heros.com
cardsforheroes.com
cardsforheros.com
greetingcards4troops.com
greetingcardsfortroops.com
cards4soldiers.com
Monthly MailCall
Deployment Packs
Except as expressly authorized by cards4heroes.com,
LLC, you agree to not sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, perform, publish,
adapt, edit, or create derivative works from any Materials on
this site, in whole or in part. Notwithstanding the above, you
are licensed to print or download one copy of the Materials on
one computer for the sole purpose of learning about or
purchasing our products or services, provided you keep intact
all copyright and other proprietary notices. Except for this
limited license, nothing contained herein shall be interpreted
or construed as conferring upon you in any manner any other
license, title, or ownership to any intellectual property right
of cards4heroes.com, LLC, or any third party.
PRIVACY POLICY:
Click here to access
our Privacy Policy. It governs the use of information that
cards4heroes.com, LLC, obtains from you through your use of this
Web site.
LIMITATIONS ON CLAIM:
Any cause of action you may have with respect to your
use of this site must be commenced within one (1) year after the
claim or cause of action arises.
TERM AND TERMINATION:
Without limiting its other remedies, cards4heroes.com,
LLC, may immediately discontinue, suspend, terminate, or block
your and any user's access to this site at any time in our sole
discretion. We may also refuse service or cancel orders in our
sole discretion. Generally, cancellations of orders would occur
only due to lack of availability. We apologize for any
inconvenience this may cause you.
PRODUCT INFORMATION DISCLAIMER:
It is our intent that all product
descriptions are accurate and up-to-date. Occasionally, the
site may contain typographical errors, inaccuracies or omissions
pertaining to product descriptions, availability, and/or
pricing. We reserve the right to correct such errors,
inaccuracies or omissions and to change or update product
information without notice to you, including after you have
already submitted your order.
DISCLAIMER OF WARRANTY:
You expressly agree that use of this Web site is at
your sole risk. Neither cards4heroes.com, LLC, its affiliates,
nor any of their officers, directors, employees, agents,
third-party content providers, or licensors (collectively,
"Providers"), or the like, warrant that this site will be
uninterrupted or error-free; nor do they make any warranty as to
the results that may be obtained from the use of this site, or
as to the accuracy, completeness, reliability, security, or
currency of the Materials.
The Materials may contain errors, omissions,
inaccuracies, or outdated information. Further,
cards4heroes.com, LLC, does not warrant reliability of any
statement or other information displayed or distributed through
the site. cards4heroes.com, LLC, reserves the right, in its
sole discretion, to correct any errors or omissions in any
portion of the site. Further, cards4heroes.com, LLC, may make any other
changes to this site, the Materials and the products, programs,
services, or prices described in this site at any time without
notice.
THIS SITE AND THE INFORMATION, CONTENT, AND
MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS," "WHERE IS,"
AND "WHERE AVAILABLE" BASIS. cards4heroes.com, LLC, MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR
THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, cards4heroes.com, LLC, EXPRESSLY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO
ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR
ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR
DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY,
INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF
INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. 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 JURISDICTION'S LAW
APPLIES TO THIS AGREEMENT.
LIMITATION OF LIABILITIES:
YOU AGREE THAT cards4heroes.com, LLC, AND ITS PROVIDERS
SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND
ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE
MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF
WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT,
SHALL cards4heroes.com, LLC, OR ANY OF ITS PROVIDERS BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED
TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY
OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR
DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS
SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT,
REGARDLESS OF WHETHER cards4heroes.com, LLC, OR ANY OF ITS
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU..
HYPERLINK DISCLAIMERS:
As a convenience to you, we may provide on this site,
in our emails to you, or in a newsletter we may provide, links
to Web sites operated by other entities (collectively the
"Linked Sites"). If you use any Linked Sites, you will leave
this site. If you decide to visit any Linked Site, you do so at
your own risk and it is your responsibility to take all
protective measures to guard against viruses or other
destructive elements. Linked Sites, regardless of the linking
form (e.g., hotlinks, hypertext links, IMG links) are not
maintained, controlled, or otherwise governed by
cards4heroes.com, LLC. The content, accuracy, opinions
expressed, and other links provided by Linked Sites are not
investigated, verified, monitored, or endorsed by
cards4heroes.com, LLC. cards4heroes.com, LLC, does not endorse,
make any representations regarding or warrant any information,
goods, and/or services appearing and/or offered on any Linked
Site, other than linked information authored by
cards4heroes.com, LLC. Links do not imply that
cards4heroes.com, LLC, or this site sponsors, endorses, is
affiliated or associated with, or is legally authorized to use
any trademark, trade name, logo, or copyright symbol displayed
in or accessible through the links, or that any Linked Site is
authorized to use any trademark, trade name, logo or copyright
symbol of cards4heroes.com, LLC, or any of its affiliates or
subsidiaries. Except for links to information authored by
cards4heroes.com, LLC, cards4heroes.com, LLC, is neither
responsible for nor will it be liable under any theory based
upon (i) any Linked Site; (ii) any information and/or content
found on any Linked Site; or (iii) any site(s) linked to or from
any Linked Site. If you decide to visit any Linked Sites and/or
transact any business thereon, you do so at your own risk.
cards4heroes.com, LLC reserves the right to discontinue any
Linked Site at any time without prior notice. Please contact
the Web masters of any Linked Sites concerning any information,
goods, and/or services appearing thereon.
INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless
cards4heroes.com, LLC, its affiliates, agents, employees, and
licensors from and against any and all claims and expenses,
including reasonable attorney fees, arising out of or related in
any way to your use of the site, violation of this Agreement,
violation of any law or regulation, or violation of any
proprietary, privacy, or other right.
CONTROLLING LAW, JURISDICTION AND
INTERNATIONAL USERS:
This Agreement is governed by and shall be construed in
accordance with the laws of the State of Michigan, U.S.A.,
without reference to its conflicts of laws provisions. You
agree to submit to the personal and exclusive jurisdiction and
venue of the state or federal courts located within or having
jurisdiction over Livingston
County, Michigan, for any disputes with cards4heroes.com,
LLC, arising out of your use of this site.
You agree to comply with all laws and regulations
applicable to your use of this site. cards4heroes.com, LLC,
makes no representation that the materials are appropriate or
available for use outside the United States. If you access this
site from outside the United States, you do so at your own
initiative and you are responsible for compliance with all local
laws. Accessing the materials from this site or distributing
the materials to territories where the contents are illegal is
strictly prohibited.
ENTIRE AGREEMENT:
This Agreement constitutes the entire agreement between
cards4heroes.com, LLC, and you with respect to this Web site,
and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between you
and cards4heroes.com, LLC, with respect to this Web site. A
printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this
Agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form. If for any reason a court of
competent jurisdiction finds any provision of this Agreement or
portion thereof to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect the
intent of this Agreement, and the remainder of this Agreement
shall continue in full force and effect. No waiver by either
party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT:
We may revise this Agreement at any time and you agree
to be bound by the revised Agreement. Any such modifications
will become effective upon the date they are first posted to
this site. It is your responsibility to return to this
Agreement from time to time to review the most current terms and
conditions. cards4heroes.com, LLC, does not and will not assume
any obligation to notify you of changes to this Agreement.
COPYRIGHT AGENT:
cards4heroes.com, LLC, respects
the copyrights of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, or
that your intellectual property rights have been violated in
some way, please contact us at the address below. To be
effective, your notification must contain the following
information:
(1)
an electronic or physical signature of
the owner or of the person authorized to act on the behalf of
the owner of the copyright or other intellectual property
interest;
(2)
a description of the copyrighted work
or other intellectual property that you claim has been infringed
and identification of where the original or an authorized copy
of the copyrighted work exists, for example the URL of where it
is posted or the name of the book in which it has been
published;
(3)
a description of the infringing
activity and where the material that you claim is infringing is
located on our site which is sufficient for us to locate it;
(4)
your address, telephone number, and
email address;
(5)
a statement by you that you have a
good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
(6)
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 are authorized to act on the copyright or intellectual
property owner’s behalf.
Please send your copyright information to:
cards4heroes.com, LLC
ATTN: Copyright Agent
3093 N Tipsico Lake Road
Hartland, MI 48353-2319
Adopted: 05/12/05; rev'd 8/24/05; rev'd
11/14/05
Thank you for shopping at
cards4heroes.com!
Specializing
in greeting cards for American troops and veterans, their military
families and patriotic supporters!
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