| Acceptance or Use
Welcome to SugarPlumgifts.com. By accessing any parts of www.sugarplumgifts.com, you agree to be legally bound to the terms of use below. Our Terms and use may be modified periodically without notice to you. You can review the latest version of our Terms and Conditions at: http://www.sugarplumgifts.com/catalog/conditions.php
Disclaimers and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF SUGARPLUMGIFTS.COM IS AT YOUR SOLE RISK. YOU MUST BE 18 YEARS OR OLDER TO REGISTER AS A MEMBER. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS, MERCHANTS, SPONSORS , LICENSORS, OR THE LIKE, WARRANT THAT SUGARPLUMGIFTS.COM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SUGARPLUMGIFTS.COM, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH SUGARPLUMGIFTS.COM, EXCEPT THAT THE COMPANY DOES GUARANTEE THAT GIFT BASKET WILL BE DELIVERED AS DESCRIBED IN THE PRODUCT DETAILS, AND IF IT IS NOT, THE COMPANYS SOLE MAXIMUM LIABILITY WILL BE NOT MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER AN EQUIVALENT GIFT BASKET AS SOON AS REASONABLY PRACTICABLE.
SUGARPLUMGIFTS.COM IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING SUGARPLUMGIFTS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE SUGARPLUMGIFTS.COM, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM SUGARPLUMGIFTS.COM OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANYS RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH SUGARPLUMGIFTS.COM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Online Conduct
Any conduct by you that in the Companys sole discretion restricts or inhibits any other user from using or enjoying SUGARPLUMGIFTS.COM will not be permitted. You agree to use SUGARPLUMGIFTS.COM in accordance with these Terms of Use and only for lawful purposes. You are prohibited from posting on or transmitting through SUGARPLUMGIFTS.COM any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other Content, or attempt to do any such acts.
You agree that you will not use SUGARPLUMGIFTS.COM to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose.
The provisions of these Terms of Use are for the benefit of SUGARPLUMGIFTS.COM, its affiliates its Providers, Merchants, Sponsors and Licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. |