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 housecallgiftbaskets.com.
The collective work includes works that are licensed to housecallgiftbaskets.com.
Copyright 2003, housecallgiftbaskets.com 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 housecallgiftbaskets.com
or purchasing housecallgiftbaskets.com 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 housecallgiftbaskets.com or to purchase housecallgiftbaskets.com
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 housecallgiftbaskets.com. 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 housecallgiftbaskets.com
used in the site are trademarks or registered trademarks of housecallgiftbaskets.com
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 housecallgiftbaskets.com
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
housecallgiftbaskets.com 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 housecallgiftbaskets.com.
Venue
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 housecallgiftbaskets.com
products) shall be in the state or federal courts located in Riverside
County, California. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of housecallgiftbaskets.com
products) must be commenced within one (1) year after the claim or
cause of action arises. housecallgiftbaskets.com'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. housecallgiftbaskets.com
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 housecallgiftbaskets.com 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
housecallgiftbaskets.com 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, housecallgiftbaskets.com
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, housecallgiftbaskets.com 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 housecallgiftbaskets.com in its sole discretion.
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Allergy
Warning
While our suppliers make every effort to ensure that only the ingredients shown
are included in your gift, it is very likely that your gift ingredients may have
been processed using equipment that has traces of a variety of nut, fruit, grain
or dairy products. If your potential recipient or others that might consume the
gifts are highly allergic to common food products, for their safety, we highly
recommend that you order one of our non-food gifts.
Substitutions
Company
will use its best efforts to supply products as represented on the NationalGift.com
website, however will occasionally substitute ingredients, packing materials,
containers, decorations or other items when necessary to fill an order
for a product. Company will not be required to make an adjustment in
price for Merchant or for Merchant's customer or to communicate substitutions.
Company will attempt to use a higher value item or items when it is necessary
to substitute.
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, housecallgiftbaskets.com disclaims all warranties,
express or implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. housecallgiftbaskets.com
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. housecallgiftbaskets.com 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
housecallgiftbaskets.com 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 housecallgiftbaskets.com
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.
Typographical Errors
In the event that a housecallgiftbaskets.com product is mistakenly listed at
an incorrect price, housecallgiftbaskets.com reserves the right to refuse
or cancel any orders placed for product listed at the incorrect price.
housecallgiftbaskets.com 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, housecallgiftbaskets.com shall issue a credit to your
credit card account in the amount of the incorrect price.
Indemnification
You agree to indemnify, defend, and hold harmless housecallgiftbaskets.com, 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, housecallgiftbaskets.com
may link to sites operated by third parties. However, even if the third
party is affiliated with housecallgiftbaskets.com, housecallgiftbaskets.com has
no control over these linked sites, all of which have separate privacy
and data collection practices, independent of housecallgiftbaskets.com. These
linked sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, housecallgiftbaskets.com 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). |