PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site. This Site is marketing vehicle for Aequytas, LLC.
MODIFICATION OF THESE TERMS OF USE.
GiveAPerfectGift.com reserves the right to change the terms, conditions, and notices under which the GiveAPerfectGift.com Web Sites are offered, including but not limited to the charges associated with the use of the GiveAPerfectGift.com Web Sites. You are responsible for regularly reviewing these terms and conditions.
COPYRIGHTS
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Aequytas LLC. The collective work includes works that are licensed to Aequytas LLC. Images that are copyrighted to others remain their copyrights and are used by license.
TYPOGRAPHICAL ERRORS.
In the event a GiveAPerfectGift.com product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, GiveAPerfectGift.com shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. GiveAPerfectGift.com shall have 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, GiveAPerfectGift.com shall issue a credit to your credit card account in the amount of the incorrect price.
PRODUCT DESCRIPTIONS AND IMAGES.
In the event that the description of the product differs from the image, the description is always the most accurate. Images are meant to be simply a possible depiction of the product. In some cases, the image may differ from the product in color (such as showing pink or blue) or number of specific items (for products that are available in multiple sizes).
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 of them, may be modified or terminated by GiveAPerfectGift.com without notice at any time for any reason. The provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification, Arbitration and General, shall survive any termination.
DISCLAIMER
This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, GiveAPerfectGift.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. GiveAPerfectGift.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. GiveAPerfectGift.com does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
LIMITATION OF LIABILITY.
In no event shall GiveAPerfectGift.com be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if GiveAPerfectGift.com has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless GiveAPerfectGift.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") 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 Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
ARBITRATION.
By using this Site, you agree that GiveAPerfectGift.com, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
GENERAL.
GiveAPerfectGift.com may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Last updated: February 16,2009
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