a legally binding agreement by and between
. (“”) and you
or your company (in either case, “You” or
“Your”) concerning Your use of
’s website (the “Website”)
and the services available through the Website (the “Services”).
By using the Website, You represent and warrant that You have read and understood,
and agree to be bound by, the Agreement and
”). IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO
CEASE USING THE SERVICES.
By using the Website, You consent to the collection and use of certain information
encourages users of the Website to frequently check
Internet technology and the applicable laws, rules, and regulations change frequently.
NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON
THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY
POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY
LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless
collected under any earlier Privacy Policies.
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST
18 YEARS OLD, AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS
UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of
a company further represents and warrants that they are authorized to act and enter
into contracts on behalf of that company. This Agreement is void where prohibited.
Subject to Your compliance with the terms and conditions of this Agreement, to include
among other provisions paragraph 17 of this Agreement,
grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement,
non-transferable license to access and make personal use of the Website in connection
with Your use of the Services, and not to save, copy or download (other than page
caching) or modify the Website, or any portion of it, except with the express written
. This license does not include any resale or commercial use of the
Website or its content; any collection and use of any product listings, descriptions
or prices; any derivative use of the Website or its contents; or any use of data
mining, robots, or similar data gathering and extraction tools. The Website, or
any portion of the Website, may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without the express written
6. USER INFORMATION/PASSWORD PROTECTION
In connection with Your use of certain Services, You may be required to complete
a registration form. You represent and warrant that all information You provide
on any registration form or otherwise in connection with Your use of the Website
and Services will be complete and accurate, and that You will update that information
as necessary to maintain its completeness and accuracy.
7. THIRD-PARTY WEBSITES
The Website is linked with the websites of a number of third parties (“
”), some of whom have established relationships with
and some of whom do not.
does not have control over the content and performance of Third-Party Websites.
HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER
SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES.
DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY,
CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL,
GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES.
DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES
OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY
8. PRODUCT DESCRIPTIONS
attempts to be as accurate as possible in its product, pricing, and rebate information;
cannot guarantee that product descriptions and/or specifications, pricing or any
other content on the Website are accurate, complete, reliable, current or error-free.
In the event that information is incorrect due to typographical, informational,
technical or other errors,
will not be liable for any loss or discrepancy with accurate data. If a product
offered on the Website is not as described, or does not meet your expectations,
Your sole remedy is to contact AfterOrdering to discuss the problem, whereby action may
has a No Return Policy on all personalized items.
9. PRODUCT PRICING
Except as otherwise noted, the price displayed for products on the Website represents
the full retail price listed on the product itself, suggested by the manufacturer
or supplier, or estimated in accordance with industry practice, or the estimated
retail value for a comparably featured item offered elsewhere. Despite
’s best efforts, a small number of items on the Website may be mispriced.
If an item’s correct price is higher than the stated the price,
’s sole discretion, either contact You for instructions before shipping
or cancel Your order and notify You of such cancellation.
10. PAYMENT METHODS
accepts payment through the following credit cards: Visa, MasterCard, Discover and
may obtain pre-approval from the credit card company for an amount up to the amount
of the order. Billing to Your credit card occurs at the point of order or shortly
11. SALES TAX
We collect the appropriate Illinois Sales tax on all orders placed by Illinois Residents,
regardless of the order's destination.
All orders placed on the Website are subject to product availability and will be
shipped according to
’s shipping policies. Please review the
page on the Website for additional information on shipping times,
rates and policies. In the rare event that Your order never arrives, notification
of lost items must be received within 15 days from receipt of the shipping confirmation
13. CONSENT TO RECEIVE EMAIL
You may subscribe to receive special offers from
either Year Round or Seasonal Only. You may opt-out of receiving Email Communications
at any time by emailing Promotions or by following the unsubscribe instructions contained
in each Email Communication.
14. USER CONTENT
“User Content” is any content, materials
or information, not including Personal Information (as defined in
or post to, or transmit, display, perform or distribute by means of, the Website,
whether in connection with Your use of Services or otherwise. YOU HEREBY GRANT
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES,
SUCCESSORS, ASSIGNS, AND CONTRACTORS (COLLECTIVELY, THE “
”) A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE,
ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT,
TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION
OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM
NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY.
YOU FURTHER AGREE THAT
PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR NAME AND/OR ANY USER NAME OF YOURS
IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU
AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE
PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY
CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE
COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. You hereby
represent and warrant that You own all rights, title and interest in and to User
Content or are otherwise authorized to grant the rights provided
Parties under this section.
15. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload,
post, transmit, display, perform or distribute any content, information or materials
that: (a) are libelous, defamatory, abusive, or threatening, excessively violent,
harassing, obscene, lewd, lascivious, filthy, pornographic, may constitute child
pornography, may solicit personal information from or exploit in a sexual or violent
manner anyone under the age of 18, or are otherwise objectionable; (b) advocate
or encourage conduct that could constitute a criminal offense, give rise to civil
liability, or otherwise violate any applicable local, state, national, or foreign
law or regulation; (c) advertise or otherwise solicit funds or constitute a solicitation
for goods or services; or (d) violate any provision of this Agreement or any other
agreement or policy (collectively, “Objectionable Content”).
may monitor the Website for Objectionable Content. Without limiting any of its other
reserves the right to terminate Your use of the Website and Services or Your uploading,
posting, transmission, display, performance or distribution of Objectionable Content.
, in its sole discretion, may delete any Objectionable Content from
intends to cooperate fully with any law enforcement officials or agencies in the
investigation of any violation of this Agreement or of any applicable laws.
16. PROHIBITED USES
imposes certain restrictions on Your use of the Website and the Services. You represent
and warrant that you will not: (a) violate or attempt to violate any security features
of the Website or Services; (b) copy or otherwise duplicate, directly or indirectly,
any portion of the Website, including without limitation, all designs, information,
photographs, images, drawings, videos, music, text, typefaces, graphics, products,
code, and other files, and the selection, arrangement and organization thereof (collectively,
”); (c) use any software that enables copying or duplication of
Content for later off-line viewing; (d) distribute, display, modify, transmit, resell,
reuse, or repost
Content in any electronic form, including any online service, the Internet or any
other telecommunications medium which now exists or shall exist in the future, for
any purpose, without the prior written permission of
; (e) access content or data not intended for You, or log onto a server
or account that You are not authorized to access; (f) attempt to probe, scan, or
test the vulnerability of the Services, the Website, or any associated system or
network, or breach security or authentication measures without proper authorization;
(g) interfere or attempt to interfere with the use of the Website or Services by
any other user, host or network, including, without limitation by means of submitting
a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (h)
use the Website or Services to send unsolicited e-mail, including without limitation
promotions or advertisements for products or services; (i) forge any TCP/IP packet
header or any part of the header information in any e-mail or in any uploading or
posting to, or transmission, display, performance or distribution by means of, the
Website or Services; or (j) attempt to modify, reverse-engineer, decompile, disassemble
or otherwise reduce or attempt to reduce to a human-perceivable form any of the
source code used by
Parties in providing the Website or Services. Any violation of this section may
subject You to civil and/or criminal liability.
17. INTELLECTUAL PROPERTY
(a) Compliance with Law
(c) Copyrighted Materials; Copyright Notice
(c) Copyrighted Materials; Copyright Notice
(d) DMCA Policy
18. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
(b) YOUR RESPONSIBILITY FOR DAMAGE
(c) LIMITATION OF LIABILITY
19. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Website and Services will be in accordance
with this Agreement and any other
policies, and with any applicable laws or regulations.
20. INDEMNITY BY YOU
You agree to defend, indemnify and hold harmless
and its officers, directors, employees, agents, affiliates, representatives, sublicensees,
successors, assigns, and contractors (collectively, the “
”) from and against any and all claims, actions, demands, causes
of action and other proceedings (collectively, “Claims”),
including but not limited to legal costs and fees, arising out of or relating to:
(i) Your breach of this Agreement, including without limitation any representation
or warranty contained in this Agreement; (ii) Your access to or use of the Website
or Services; or (iii) Your provision to
or any of
Parties of information or other data.
21. GOVERNING LAW; JURISDICTION AND VENUE
(a) Website, Services & Agreement
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT,
RESERVES THE RIGHT TO, IN
’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF
THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION,
WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(a) Entire Agreement; Amendment
(b) Severability; Waiver
(e) Third-Party Beneficiaries
(f) Irreparable Injury