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Terms and Conditions |
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
are 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 in 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 J and C Gifts. The collective work
includes works that are licensed to J and C Gifts. Copyright 2003, J and C Gifts
ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with J and C
Gifts or purchasing J and C Gifts 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 J and
C Gifts or to purchase J and C Gifts 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 J and C Gifts.
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 J and C Gifts used in the site
are trademarks or registered trademarks of J and C Gifts or thier respective
Owners.
Warranty Disclaimer
This site and the materials and products 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, J and C Gifts disclaims
all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and
non-infringement. J and C Gifts does not represent or warrant that the functions
contained in the 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. J and C Gifts does not make any
warrantees or representations regarding the use of the materials in this site in
terms of their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability
J and C Gifts shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site or
the performance of the products, even if J and C Gifts has been advised of the
possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you. In any case the limit of our
Liability is the cost charged for the use of this site.
Typographical Errors
In the event that a J and C Gifts product is mistakenly listed at an incorrect
price, J and C Gifts reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. J and C Gifts 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 cancelled, J and C Gifts shall issue a credit to your
credit card account in the amount of the charge to the credit card..
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 J and C Gifts 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.
Notice
J and C Gifts 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 J and
C Gifts.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of California, 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 J and C Gifts products) shall be in the state or federal courts
located in Stanislaus County or Sacramento County, California. Any cause of
action or claim you may have with respect to the site (including but not limited
to the purchase of J and C Gifts products) must be commenced within one (1) year
after the claim or cause of action arises. J and C Gifts 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. J and C Gifts 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 J and C Gifts or other licensed 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 which 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
J and C Gifts does not and cannot review all communications and materials posted
to or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that by
providing you with the ability to view and distribute user-generated content on
the site, J and C Gifts 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, J and C Gifts 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 J and C Gifts in its sole
discretion.
Indemnification
You agree to indemnify, defend, and hold harmless J and C Gifts, 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, J and C Gifts may link
to sites operated by third parties. However, even if the third party is
affiliated with J and C Gifts, J and C Gifts has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of J and C Gifts. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, J and C Gifts seeks
to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work).
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