Conditions of Use
Please review our Privacy Notice, which also governs your visit to
Giftsofharvest.com
Updated June 21, 2007 (8:00 pm est.)
Giftsofharvest.com and its affiliates and all third party links that may or may
not be associated with Gifts of Harvest, provide their services as long as you
abide to the following conditions. If you visit or shop at Giftsofharvest.com,
you agree to accept these conditions. Please read them carefully. In addition,
when you visit or purchase from any business affiliated with Giftsofharvest.com,
whether or not included in the Giftsofharvest.com Web site, you also will be
subject to the guidelines and conditions applicable to these conditions and the
conditions of that site as well.
When you visit Giftsofharvest.com or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from us
electronically. We will communicate with you by e-mail.
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 Giftsofharvest.com or its content suppliers and protected by United
States and international copyright laws. The compilation of all content on this
site is the exclusive property of Giftsofharvest.com and protected by U.S. and
international copyright laws. All software used on this site is the property of
Giftsofharvest.com or its software suppliers and protected by United States and
international copyright laws.
Giftsofharvest.com grants you a limited license to access and make personal use
of this site and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of Giftsofharvest.com. This
license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent from the Owner or Co-owner of Giftsofharvest.com. 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
Giftsofharvest.com and our affiliates without express written consent. You may
not use any meta tags or any other "hidden text" utilizing Giftsofharvest.com's
name or trademarks without the express written consent of Giftsofharvest.com.
Any unauthorized use terminates the permission or license granted by
Giftsofharvest.com. You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of Giftsofharvest.com so long as the link
does not portray Giftsofharvest.com, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any Giftsofharvest.com logo or other proprietary graphic or
trademark as part of the link without express written permission.
If you use this site, you are 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. Giftsofharvest.com does sell products for children, but it sells
them to adults, who can purchase with a credit card. If you are under 18, you
may use Giftsofharvest.com only with involvement of a parent or guardian.
Giftsofharvest.com and its affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in their sole
discretion.
Visitors may post reviews, comments, and other content and submit suggestions,
ideas, comments, questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of "spam." You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of a card or other content.
Giftsofharvest.com reserves the right (but not the obligation) to remove or edit
such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you
grant Giftsofharvest.com and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant Giftsofharvest.com and
its affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you will
indemnify Giftsofharvest.com or its affiliates for all claims resulting from
content you supply. Giftsofharvest.com has the right but not the obligation to
monitor and edit or remove any activity or content. Giftsofharvest.com takes no
responsibility and assumes no liability for any content posted by you or any
third party.
Giftsofharvest.com and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please follow our Notice and Procedure for Making Claims
of Copyright Infringement.
All items purchased from Giftsofharvest.com are made pursuant to a shipment
contract. This means that the risk of loss and title for such items pass to you
upon our delivery to the carrier.
Giftsofharvest.com and its affiliates attempt to be as accurate as possible.
However, Giftsofharvest.com does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or error-free. If
a product offered by Giftsofharvest.com itself is not as described, your sole
remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our
website represents the full retail price listed on the product itself, suggested
by the manufacturer or supplier, or estimated in accordance with standard
industry practice; or the estimated retail value for a comparably featured item
offered elsewhere. The List Price is a comparative price estimate and may or may
not represent the prevailing price in every area on any particular day. For
certain items that are offered as a set, the List Price may represent
"open-stock" prices, which means the aggregate of the manufacturer's estimated
or suggested retail price for each of the items included in the set. Where an
item is offered for sale by one of our merchants, the List Price may be provided
by the merchant.
With respect to items sold by Giftsofharvest.com, we cannot confirm the price of
an item until you order; however, we do NOT charge your credit card until after
your order has entered the shipping process. Despite our best efforts, a small
number of the items in our catalog may be mispriced. If an item's correct price
is higher than our stated price, we will, at our discretion, either contact you
for instructions before shipping or cancel your order and notify you of such
cancellation.
Please note that this policy applies only to products sold and shipped by
Giftsofharvest.com. Your purchases from third-party sellers using
Giftsofharvest.com Payments are charged at the time you place your order, and
third-party sellers may follow different policies in the event of a mispriced
item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY GIFTSOFHARVEST.COM ON AN "AS IS" AND "AS AVAILABLE"
BASIS. GIFTSOFHARVEST.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIFTSOFHARVEST.COM DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
GIFTSOFHARVEST.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT
FROM GIFTSOFHARVEST.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GIFTSOFHARVEST.COM 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.