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Website Terms

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright

The entire content included on this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Send Well Wishes, LLC, a Missouri limited liability company (the “Company”).  Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with the Company or purchasing the Company’s products.  You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with the Company or seek information about is products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by the Company. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of the Company used on the site are trademarks or registered trademarks of the Company and may not be used without the express written consent of the Company.

Sale of Products

Your acceptance of delivery of, or payment for, our products constitutes agreement these terms. The Company rejects any terms that are additional to or different from these terms. Terms that are printed on or contained in a purchase order or other form sent to the Company which are additional to, in conflict with, or inconsistent with these terms will be inapplicable and will have no force or effect. Your receipt of an electronic or other form of order confirmation does not signify the Company’s acceptance of your order, nor does it constitute confirmation of the Company’s offer to sell.  The Company reserves the right at any time after receipt of Buyer’s order to accept or decline Buyer’s order for any reason. Payment for the products must be made in full before shipment and delivery. You will be responsible for all sales or use tax applicable to your purchase of products. The Company will not be responsible for any delays caused by third parties.

Warranty Disclaimer

The products available for purchase on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

The Company does not represent or warrant that the functions contained on this site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Company does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

Return and Refunds

All sales of products offered by the Company on this site are final.  The Company will not accept returns or issue refunds.

Limitation of Liability

The Company shall not be liable for any special, incidental, or consequential damages that result from the use of, or the inability to use, the products available for purchase on this site, the materials on this site or the performance of the products, even if the Company has been advised of the possibility of such damages.

Availability; Discontinuation

All products available for purchase on this site are subject to availability.  The Company reserves the right to discontinue any products at any time and without notice.

Typographical Errors

In the event that a Company product is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. The Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Company shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by the Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Lawful Age

This site, the information contained on or available through it, and the ability to place orders for Company products or communicate with the Company or third parties is directed only to persons over the age of 13, and by accessing or using this site you represent and warrant that you are of lawful age to do so.

Notice

The Company may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to the Company.

Privacy

The Company has established a Privacy Policy and posted it on the website.  The Privacy Policy is incorporated into and made a part of these Terms of Use.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Missouri, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Company products) shall be in the state or federal courts located in or for the County of St. Louis, Missouri. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Company products) must be commenced within one (1) year after the claim or cause of action arises. The Company’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

The Company does not and cannot review all communications and material posted to or created by users accessing the site, and the Company is not in any manner responsible for the content of such communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to the Company in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, the Company may link to sites operated by third parties. However, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Company. These linked sites are only for your convenience and therefore you access them at your own risk.

ALL OTHER RIGHTS ARE EXPRESSLY RESERVED TO THE COMPANY.

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