Terms of Use

Last Updated September 23, 2017

 

Welcome to the 1-800-Gifters® website operated by Ecommerce Strategies LLC (Company). “Our” and “we” “Company” refers to Ecommerce Strategies, LLC.  We want you to enjoy www.1-800-Gifters.com (hereinafter Website) and the related family of brands and their respective websites whose Terms of Use and Privacy Policy and Return Policy are incorporated in full in Website. “You,” “User”, and “customer” each include the singular and plural and the upper and lower case, are each incorporated in the other and refers to anyone who accesses and/or uses www.1-800-Gifters.com or its related websites.

 

Terms of Use Application:

Whenever you access and/or utilize our Website, mobile applications, social media pages/interfaces, our toll free/local phone number order service, fax order service, or email order service, catalog, affiliate websites, radio, TV, webinars, conference calls, retail stores, kiosks, fund raising campaigns, donation websites, and/or our channels of merchandizing (collectively referred to as “Service”). By accessing and/or utilizing the Service, you agree to be bound by these Terms of Use/Access. Accordingly, please read the Terms of Use and Privacy Policies in full to know what you can expect from us when you use the Service; you will also know what is expected of you when you use the Service.

 

Purpose of Service:

It is our intent to provide the customer/User access to a large variety of products, links, information, ideas, platforms on which customers/Users may interact with the Website and each other. In order to provide a safe, User friendly, and pleasant experience and environment for Users/customers, we have established Terms of Service and Privacy Policies.

 

Legal Users

Everyone who complies with the Terms of Service and Privacy Policies is welcome to use/access the Service, however: (1) only those people who are 18 years of age or older and who are using a credit card, debit card, and/or  Paypal account which they are specifically authorized to use may actually purchase/order our products (and/or our affiliates’ products) via phone, mail, website, social media, fax, and/or email, and (2) only those people who are 21 years of age or older and who are using a credit card, debit care, and/or Paypal account which they are specifically authorized to use may actually purchase/order our products (or our affiliates’ products) containing any alcohol via phone, mail, website, fax, and/or email.

Users and their recipients purchasing or receiving products containing alcohol may be obligated to verify their age and identity through third parties and or shipping services. Any age misrepresentations which the User and/or the User’s recipients may make in an attempt to unlawfully obtain products containing alcohol may be a crime. Law enforcement will have legal access to Website (and any of our or our affiliates) records, recordings, and Service analytics during the investigation and/or prosecution of any such offense.

*By using this site to purchase wine you are affirming that you and the person receiving any wine shipment as a result of purchasing on this Website is 21 years or older. You also agree that any alcohol purchased from purchasing on this Website is intended for personal consumption and not for resale. If you do not agree with these terms of use please do not use this site to order wine. If you intentionally or unintentionally misrepresent your or the recipients age in order to provide alcohol to a person under the age of 21, you may be prosecuted to the fullest extent of the law. For wine shipments to Canada, you must be 19 years and older (18 years for Quebec, Manitoba and Alberta) to purchase gift baskets containing wine. As well, FedEx cannot leave this package without an adult signature.

User represents that User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and User is not listed on any U.S. Government list of prohibited or restricted parties. User represents that any and all Content, IP available through this Service will be used only in accordance to applicable law and not in contravention of any law including but not limited to the Export Administration Act and the Arms Export Control Act. Further User agrees not to transmit by any means any Content, IP of Company, Affiliates, Associates to a foreign national or to a foreign destination.

 

Disclaimers and Limits of Liability

 

Introduction

Company strives to provide uninterrupted and reliable Service. We also pride ourselves on the presentation and freshness of our products. However, there are times that all the logistics do not fall right in place and sometimes things do come out as intended. We strive to keep those times to a minimum. If something does go wrongly, we try to make it right. Additionally, once a package is released to the transport companies we use, we have no control over handling, delivery.  We cannot know that all products will always be available. However, there are limitations on our liability which you can read below.

Use at your own risk.

Except as otherwise specifically stated to the contrary herein and to the fullest extent permitted by law, you specifically and expressly agree that you use the Service entirely at your own and sole risk and that you personally, and on behalf of any principal you may represent, agree to be legally bound by the Company’s Terms of Use and the Company’s Privacy Policy.

No guarantee of service continuity or reliability

NO  guarantee is made by the Company, Company’s Affiliates, directors, officers, managers, members, owners, shareholders, employees, agents, third party service or content providers, merchants, sellers or resellers, sponsors, licensors, licensees, assignors, assignees (which all will collectively be referred to as Associates) that: 1) the Service will be uninterrupted, 2) that a placed order with the Service will be received, 3) that all products will be available in spite of having previously ordered it, 4) the Service will be error-free, 5) that the Service will be accurate, reliable, or current at the time you use the Service or order through the Service, 6) as to Service, 7) hosting services will be uninterrupted, 8) shipping companies (FedEx, USPS, UPS, etc) will deliver as promised, 9) all products will be available to fulfill your order, 10) of the results you obtain during or after your Use of the Service, 11) that all opinions expressed by Associates are true in fact or from another’s perspective, 12) weather conditions will not affect the quality of the product, 13) that transit time will not affect the quality of the product, 14) writing errors on message cards will be corrected, 14) import delays will not result in your Order being delivered late,  15) your Order will look like the picture from which you ordered, 16) your order will match the color of the pictures, 17) your order will contain the exact flowers pictured (if the flowers in the picture are not available, then they will be replaced with other equivalent flowers in value and hopefully in beauty to you)

Limited Liability

  1. Should User suffer any adverse consequences from the use of Services, the Company, in its sole discretion may be liable only for a replacement product equivalent to the original purchased product or for the actual purchase price paid by the Customer, but not both.

  2. To the fullest extent permitted by law, under no circumstances is the Company liable for any damages or claims, including but not limited to: 1) damage to User’s computer, data, computer storage, as a result of accessing and/or using Services of Company or its Associates or from any and all links, 2) any and all consequences of delayed delivery of product other than as described in 1) above, 3) broken products due to transit, 4) color discrepancies, 5) transporting perishable products which are subject to heat and cold degradation.  With respect to these Terms, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.

  3. The Service is provided on an “As is” and As Available basis.

  4. The Company specifically disclaims and does not make any guarantees or warranties whether express or implied as to the merchantability of Services, products, and/or representations made by third party providers for any particular purposes.

  5. No oral advice, including customer service, or written or electronically delivered information provided by the Company or its Associates as defined above shall create any warranty and/or guarantee whatsoever.

  6. To the fullest extent permitted by law and under no circumstances shall the Company, its Associates (as defined above), or any persons or entities in the chain of production and/or distribution and/or the Services provided, be liable for any direct, indirect, consequential, special or general, incidental damages, fees, or costs under any theory of law before any tribunal in any venue (including but not limited to any losses, damages, adverse consequences, lost opportunities, emotional consequences, damage or loss to User’s computer or data from the Use of Services or that result from errors, omissions, mistakes, file deletion, email deletion, defects, viruses, hacking, delays in operation or transmission, or any failure of performance whether a result of Company’s negligence, Company’s intentional decisions, Acts of God, communication failures, theft, destruction, and/or unauthorized access to Company’s records, programs, Services by an insider or outsider.

  7. Notice is hereby given that all content and claims made are opinions of Company, Affiliates, Associates, and/or Third Party Providers. Company, Affiliates, Associates, and/or Third Party Providers do not warrant nor guarantee the accuracy, completeness, usefulness, nor any merchantability, nor merchantability for any particular of any content or IP contained in Services. Company, Affiliates, Associates shall not be liable for any and all adverse consequences to User and/or their recipient because of User’s reliance on said content, IP, Service. User is responsible to perform their own due diligence, investigation, and research and to independently evaluate the content, IP, opinions and claims of Service.

Discounts and Sales

Unless otherwise specifically set forth to the contrary herein and to the fullest extent permitted by law:

  1. All Services and/or products offered for sale (Offer) are exclusive to the offeree and not transferrable.

  2. All Services and/or products are sold on User’s specific agreement that the products will not be resold and are to be used for end-consumer purposes.

  3. All Offers are exclusive of any and all applicable service and shipping charges, local and federal and state taxes, state wide sales tax.

  4. No Offer may be combined with any other Offer on any single purchase. Separate Offers may be used on separate product purchases.

  5. Offers and products subject to those Offers may vary and are always subject to availability and are subject to delivery restrictions, rules, and times.

  6. Some Offers may not be available during blackout periods, some holidays, and some seasons, or periods of unavailability due to weather conditions.

  7. No Offers may be redeemed for cash. Company does not issue rainchecks.

  8. All prices and charges are subject to change without prior notification.

 

Refusal of Service

 

The Company reserves the right, within its sole discretion can:

  1. Refuse to accept orders and process orders from any User of the Services and/or Customer.

  2. Suspend, discontinue, and refuse to accept the claim of and/or presentation of all offers, promotions, discounts, coupons, loyalty program redemptions, gift cards, gift certificates or other promotion programs (Promotions)  in the event of advertising errors, suspected misuse or fraud or abuse associated with these Promotions and/or customer orders

 

Agreement:

 

A   By using the Services, the User hereby specifically acknowledges that (collectively referred to as Components):

  1. Services are included in this agreement

  2. That all Promotions are specifically included in this agreement

  3. That all Limits of Liability are included in this agreement

  4. The entirety of each of the Terms of Use and Privacy Policy are included in this agreement

  5. That this Agreement applies to All services, Affiliates, and Associates without limitation, and to all merchanding, promotional, distribution channels of the Company

  6. That this Agreement applies to all internet, telephone, advertising, TV, mobile devices, radio, catalog, social media platforms, retail outlets, retail stores, email, fax content and orders

 

B  By using the Services, the User hereby specifically agrees to be legally bound by the fullest extent permitted by law to the Terms of Use and Privacy Policy as to all Components listed above. Further, you agree that if any state or tribunal invalidates any portion of this agreement, that all other portions of this agreement shall be interpreted to provide the intended protections to the fullest extent permitted in those states or tribunals. Each party agrees to be responsible for their own attorney fees, costs, expenses.

 

Ownership and Use of Site Material Proprietary Rights

All content contained on Website or its original design structure, including but not limited to, all page headers, images (some images of others used with permission), illustrations, graphics, text (some text from others used with permission), diagrams, posts, slogans, stylized fonts for words of art, organization and structure are subject to trademark, service mark, copyright, trade dress and/or any other intellectual property rights, claims, and licenses are owned by their respective registered owners and/or Festfare, Inc and/or other registered owners (Oreos, M&Ms, Wine brands, etc). The content and ideas of the Website are intended solely for personal, non-commercial use by the Users of the Website.

Third Party Service Providers

Portions of the Service is provided by and is dependent upon third party service providers (eg wireless, social media platforms, software) who have their own terms, policies and guidelines and license agreements of which User should become familiar. Company, its Affiliates, its Associates do not and cannot control these third party providers’ acts or omissions and are not liable for any such acts or omissions performed or not performed by third party providers.

Third party providers have no independent obligation to User or Company to furnish, maintain, and/or support the services upon which User may use. Company is not responsible for any type of adverse consequence User may experience as a result of using these Third Party providers services. In the event that User does experience any adverse consequences as a result of the failure of third party provider services, then User may contact the Third Party providers for a refund for purchases made through an App and you agree that Third Party providers, to the fullest extent permitted by law, will have no other warranty and/or guarantee obligation whatsoever with respect to those services provided by the Third Party Provider.   You acknowledge and agree the Third Party Providers are not responsible for the following: 1) product liability claims, 2) failure to conform to applicable legal or regulatory requirement, 3) consumer protection or its equivalent claims, 4) Third Party providers are a third party beneficiary of these Terms of Use and you are bound by its Terms with respect to the Third Party Providers.

 

 

CONTENT
 

Proprietary Rights

User acknowledges and agrees that the Service contains content, information, data, images, software, photographs, graphs, videos, typeface, trade dress, sounds, music, design, slogans, product titles, style, arrangements, presentations, trademarks, registered trademarks  (collectively referred to as “IP”) are valid and protected by copyrights, trademarks, or other proprietary rights. The entire IP is copyrighted as a whole and individually under the US Copyright laws. The Company, its Affiliates, and/or its Associates or other third party licensors may own a copyright, trademark, image and/or descriptions. User may not modify, alter, delete or add to the IP in any way. You may not transfer, sell, or use IP for derivative works or in any way exploit, in whole or in part, the proprietary interest in the IP. If you use the IP, then you agree to use it only for non-commercial personal uses. All proprietary notices, including but not limited to trademark, registered trademark, and copyright shall remain intact on all use of the IP.  Except as provided by fair use privilege (17 U.S.C Section 107) and the authorization given above, you may not download, upload, post, reproduce, distribute, sell, license any IP without the specific written consent of the owner

User Submissions

Original content User submission defined

All User submissions, no matter how they are marked, of original works of the Submitter and are uncopied and unexploited works of others in any and all formats at any time:

  1. Voluntarily submitted,

  2. Submitted in response to any contest

  3. Submitted in response for request for submissions

  4. Submiited on any forum

  5. Submitted on any of Company’s social media platforms

  6. Submitted on You Tube

  7. Submitted in an email or by fax

  8. Submitted in reviews, comments, chat rooms, website chat

  9. Public postings

  10. Submitted by interview or public appearance

 

User submissions will never be returned. User submissions are not confidential whether or not accepted and are subject to disclosure to others/other entities. Company, its Affiliates, and its Associates are not liable for any disclosure of any User Submission of original content. User agrees that any and all material submitted, posted, interactively uploaded to Services of Company, Affiliates, Associates is original. All Users agree that Company does not monitor the originality of all submissions or posts and Users further agree that Company, Affiliates, and Associates are in no way liable for any adverse consequences suffered by any User or their victim. 

 

The Company does not claim ownership of any original Content User submits or makes available for inclusion on the Service. User specifically warrants that all Content, IP material User submits to Company is an original work and that no other person/entity has any potential claim of infringement or rights in the Content, IP submitted.  User specifically and irrevocably fully authorizes Company  (including its Affiliates and Associates with permission of Company) the exclusive right (shared only with User) to commercially utilize said original Content in perpetuity without compensation. The Company, in its sole discretion, shall determine: 1) when, if ever, the original Content is utilized, 2) how the original Content is utilized, 3) what creative credits will be attributed to the Content, 4) whether the full Content or a portion of the Content is utilized, 4) where it will be utilized, 5) the format in which it will be utilized.

 

User/Submitter specifically and generally grants Company (and its Affiliates or Associates with permission of Company) with respect to all submitted Content to use, communicate, reproduce, publish, modify, alter, adapt, translate, license, sublicense, distribute, sell, assign, create derivative works in any and all ways Company determines is in its own best interest. It is agreed by User/ Submitter that any resultant Content, after Company modification, alteration, derivation, or otherwise exploited as granted  in the first sentence of this paragraph, becomes entirely owned and the exclusive Content, IP of the Company and in which User has no interest in or proprietary rights.

 

It is hereby agreed that Company, in its sole discretion, at any time and without prior notification to User, suspend and/or terminate any portion of the Service.

Use of Public Forums

A "public forum" is any publicly accessible message board, social media, chat room, discussion group, folder, survey, contest, sweepstakes, User review and rate forum, or other interactive service or promotion on or accessible via the Service , and includes both public boards and folders. In order to participate in these public forums, you must use, subscribe, or register in accordance with instructions that you will find on the Service. User agrees not to submit or post on any public forum either through Services or through Affiliate or Associates to other Users or Company’s employees unlawful, false, harassing, threatening, abusive, defamatory, violating privacy to personal identifying information, violating any intellectual or other property rights, obscene, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages criminal conduct or conduct that could lead to civil liability or conduct that violates any laws. User also agrees to use their correct email address and names and not to impersonate others in order to prevent determination of the originator of communications. User may not use any public forum provided by Company in a commercial manner. User agrees not to solicit funds, advertise goods and services or submit Content which you know or should know is false, belongs to another, contains virus(es) or is harmful to hardware or software, You may not submit or post material that solicits funds, or that advertises or solicits goods or services. Company does not monitor all public forums and cannot prevent the illicit use of public forums without deleting the interactive component. All User’s agree that Company is in no way liable for any or all adverse consequences caused by Company or other Users as a result of other Company or other User posts.

The Rights of Company:

  1. The Company is not responsible for monitoring, screening, policing, editing (collectively Monitor) any Content , IP including but not limited to User Submissions. However, the Company, Affiliates, and/or Associates may, at their own discretion, choose to Monitor said Content, IP which shall not be construed to place any obligation on Company to Monitor Content, IP.

  2. The Company may disclose any and all User records, User electronic records, User

submissions or other User information, when, in Company’s sole discretion, Company: a) to comply with any law or with law enforcement, b) when required by law, c) to protect other Users of the Service d) to protect User, e) to protect the Company or any of Company’s interests including but not limited to any proprietary information, IP, Content, methods f) to properly maintain the Service, g) to protect the interests and relationship with Affiliates, Associates, sponsors, merchant channel participants, marketing channel participants, agents, employees,

  1. The Company reserves all rights to terminate User’s account at any time with or without

prior notice with or without cause.

  1. The Company reserves the right to prohibit User from posting on Services at any time without prior notice with or without cause.

  2. The Company reserves the right to change any and all of its Services without prior notice with or without cause.

  3. The Company reserves the right to prohibit certain Content and conduct subject to the Company’s sole discretion

 

Privacy Policy

The Compnay understands and respects the importance of User’s privacy. We will not disclose any personally identifiable information unless obligated to do so by law or as necessary to complete an Order. If you send a gift in cognito, we will not identify you as the sender should your recipient call to obtain that information. Likewise, if a recipient contacts us, we will not divulge such information to you. We have established a Privacy Policy which will explain what information is collected, why the information is collected, what is done with the information collected, how long said information is stored. Please see our Privacy Policy for further information.

Loyalty Programs and Promotion Offers

All Loyalty Programs, contests, discounts, etc (collectively Program) are subject to the Terms of Use but in addition may have their own rules by which the particular Program operates. User must read these Terms of Use along with the rules governing the particular Program in which User intends to participate.

 

Unsatisfactory Performance

 

If User believes that Company did not perform the services or send the products as ordered, then User must contact Company within 24 hours of anticipated delivery if order was not received or within 24 hours of delivery by email at services@1-800-Gifters.com. Pictures of all aspects of the order should be taken immediately and forwarded with the email. Please state, in detail, what about the performance or the product was unsatisfactory. Please leave a phone number and your full name and your Order number and your recipeient’s name. Customer service will contact you regarding your matter. Timely photos and notification is a prerequisite for Customer service to reply otherwise customer service will not be able to view the issue.

Please be advised that we cannot guarantee timely delivery once your order is deposited with our transport company. As you know, natural disasters, weather, strikes, airport delays, etc can affect when your order is actually received.

Please be advised that chocolate and flowers are susceptible to degradation when in heat or cold.

It is suggested that orders for weddings, special anniversaries, special birthdays be ordered to receive them a day or two before they are needed.

Severability

If any provision of the Terms of Use are deemed to be invalid or unenforceable, then the User and Company agree the court is limited to modify these Terms of Use only to the extent to eliminate the invalid provision. All other terms and provisions shall remain intact and interpreted to enforce the full intention of the parties.

Agreement, Arbitration Governing Law

The Service is operated throughout the United States from the Company’s Los Angeles, CA location. Users outside the mainland United States do so at their own risk. Users outside the mainland of the United States are obligated to ensure their Use is in compliance with all local, state, federal or applicable laws.

User and Company agree that the proper jurisdiction and venue is the Los Angeles Superior Court (Stanley Mosk Branch) in Los Angeles, CA. and that the Laws of the State of California are the applicable laws to any dispute arising out of User’s use of Services.

User and Company agree to binding arbitration before one arbiter from J.A.M.S. User and Company agree to the following terms of arbitration:

  1. Company shall select the arbiter to adjudicate the dispute,

  2. Arbiter shall only have the authority to award actual direct damages to User,

  3. If permitted by J.A.M.S., the parties may submit the matter on briefs, appear telephonically, or by Skype or a similar service, 

  4. The arbiter does not have authority to award any other general, special, or punitive damages

  5. The arbiter does not have authority to award fines, penalties, sanctions, costs, attorney fees or expenses

  6. User will  NOT HAVE A RIGHT TO LITIGATE USER’S CLAIM IN COURT AND WILL NOT HAVE A JURY TRIAL.

  7. User agrees that User can not be a representative plaintiff in a class action lawsuit. User and Company agree that the Arbiter only has authority to resolve one User claim at a time and has no authority to consider or decide any claim by any other User unless said User brings an individual claim against Company. The arbiter does not have the authority to consolidate individual lawsuits for plaintiffs that may be similarly situated or otherwise.

 

Notice to New Jersey Residents

New Jersey has particular laws which are not all compatible with the Terms of Use. In New Jersey, the Terms of Use shall apply to the fullest extent of the law unless any said provision of this Terms of Use violates New Jersey State Law in which case, New Jersey law pre-empts the Terms of Use. As to all provisions in the Terms of Use which do not violate New Jersey State Law, those provisions of the Terms of Use shall remain in effect and shall be enforced to the fullest extent of the New Jersey law.

Indemnity

User agrees to indemnify, defend, and hold the Company, its Affiliates, and its Associates from any and all claims of damage under any theory of law before any tribunal. Further, User agrees to indemnity Company, its Affiliates, and its Associates from any costs, legal fees, expenses incurred as a result of User’s use of Services or any resulting claim User or User’s recipient or any other third party/entity who may have claimed/may claim any damage whatsoever. 

Changes to the Terms of Use

The Terms of Use is an agreement between User and Company and is effective when User initially accesses and uses Service. This Agreement represents the entire understanding between User and Company and controls the relationship between User and Company.

User specifically agrees to consents to be legally bound by the Terms of Use. Further, User specifically and affirmatively makes the representations attributable to User in the Terms of Use. User specifically authorizes and directs Company to take the actions or take no actions as described in Terms of Use those authorizations attributable to User in the Terms of Use.

User agrees to periodically review the Terms of Use as the Terms of Use are subject to change without prior or post notice. Any access or use of Services after the effective date of the updated Terms of Use will bind the User to that version of the Terms of Use. Accordingly, the latest version of the Terms of Use prior to any particular access or use of Services will apply to that particular access or use.

Contact Us:

Phone 1-800-GIFTERS  (443-8377)

Email: info@1800gifters.com

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