Terms and Conditions of Use
Goodies for Gifts, LLC (“Goodies for Gifts”) owns and operates the www.goodiesforgifts.com website (the “Site”). By using the Site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use the Site. Goodies for Gifts may revise and update these Terms and Conditions at any time. Please continue to review these Terms and Conditions periodically. Your continued usage of, will mean you accept any revisions to the Terms and Conditions.
1. Use of Content.
a. The contents of the Site, such as text, graphics, images, information, and other material contained on the Site (collectively, “Content”) is protected by copyright under both United States and foreign laws. Title to the Content remains with Goodies for Gifts or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features, including without limitation product pricing and availability, are subject to change or termination without notice in the sole discretion of Goodies for Gifts. Content may contain technical inaccuracies or typographical errors. All rights not expressly granted herein are reserved to Goodies for Gifts and its licensors.
b. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
2. Use of the Site.
a. In your use of the Site, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to (a) use the Site for any purpose in violation of local, state, national, or international laws, (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Content or use, redistribute, republish or exploit the Content for any further commercial or promotional purposes, (c) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights, (d) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site, (e) interfere with, interrupt, damage, disable, overburden, or impair the Site, the Content or the services made available on or through the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, (f) attempt to gain unauthorized access to other computer systems through the Site, or (g) assist any third party in doing any of the foregoing.
b. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
3. Goodies for Gifts Accounts.
a. In order to access some features of the Site, including placing orders or making a customer service or support request, you will have to register for one or more Goodies for Gifts accounts. When registering, you must provide accurate and complete information. You may never use another’s account without permission. It is your sole responsibility to (1) control the dissemination and use of passwords; (2) authorize, monitor, and control access to and use of your Goodies for Gifts account and password; (3) promptly inform Goodies for Gifts of any need to deactivate a password. You grant Goodies for Gifts and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Goodies for Gifts cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Goodies for Gifts tools and services. You must notify Goodies for Gifts immediately of any breach of security or unauthorized use of your account.
b. Although Goodies for Gifts will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Goodies for Gifts or others due to such unauthorized use.
4. Liability.
a. The use of the Site and the Content is at your own risk.
b. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Goodies for Gifts and its suppliers. Accordingly, Goodies for Gifts assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
c. The Site and the Content are provided on an “as is” basis. GOODIES FOR GIFTS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Goodies for Gifts, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site.
d. IN NO EVENT SHALL GOODIES FOR GIFTS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOODIES FOR GIFTS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GOODIES FOR GIFTS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. ONE THOUSAND DOLLARS ($1,000.00). GOODIES FOR GIFTS, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
5. User Submissions. By submitting to Goodies for Gifts via e-mail or the Site any ideas, suggestions, concepts, methods, systems, designs, plans, techniques, business information, inventions, how-to or product information or material relating to Goodies for Gifts’s business, products, or services (collectively, “Ideas”), you: (i) agree such submission is non-confidential for all purposes, (ii) grant Goodies for Gifts an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Ideas, and (iii) represent and warrant that you own or otherwise control all of the rights to the Ideas and that Goodies for Gifts is free to use the Ideas that you send us for any purpose. For the avoidance of doubt, “Ideas” does not include any data, information, drawings, files, etc. that you submit to Goodies for Gifts for the purposes of receiving customer support. Goodies for Gifts may sublicense its rights through multiple tiers of sublicenses. Notwithstanding anything herein to the contrary, the personal information you submit to Goodies for Gifts is governed by the Goodies for Gifts Privacy Policy. Please review our Privacy Policy, as amended from time to time, for a complete description of how we handle personal information submitted in the process of ordering products or registering on our site.
6. Rights Reserved. Goodies for Gifts reserves the right to refuse service, terminate your account or your access to the Site or any of the Site’s services or features, and/or cancel orders in its sole discretion, including, without limitation, if Goodies for Gifts believes that customer conduct violates applicable law or is harmful to the interests of Goodies for Gifts.
7. Links to Other Sites. GOODIES FOR GIFTS MAY PROVIDE LINKS TO THIRD-PARTY WEB SITES. GOODIES FOR GIFTS IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED THIRD-PARTY SITES, AND DOES NOT MAKE ANY REPRESENTATIONS REGARDING THEIR CONTENT OR ACCURACY. YOUR USE OF THIRD-PARTY WEBSITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. GOODIES FOR GIFTS SHALL HAVE NO LIABLITY WHATSOEVER WITH RESPECT TO ANY LIABILITIES THAT YOU MAY INCUR WITH ANY OF THESE THIRD-PARTY WEB SITES OR VENDORS. PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS APPLICABLE TO YOUR PURCHASE OF GOODS FROM A THIRD PARTY.
8. Product Orders. Unless indicated otherwise, most products and services featured on the Site are not available directly from or through Goodies for Gifts. Goodies for Gifts has made a conscientious effort to describe the third party vendor products and services on the Site accurately; however, any descriptions and other specifications provided for a particular product or service are provided for convenience purposes only (and are not guaranteed as accurate). Furthermore, Goodies for Gifts is constantly improving its information, products and services. Consequently, Goodies for Gifts cannot and does not guarantee the accuracy or completeness of the information, including prices, specifications, availability and services, on the Site. Prices are subject to change at any time prior to filling your order.
9. Online Payments.
a. To the extent you utilize Goodies for Gifts’ online payment services, you acknowledge that there cannot be a guarantee that communications or payment transactions conducted online will be absolutely secure. You further acknowledge that there may be system failure that may limit your ability to use the online payment services. You agree to assume all risk and liability arising from your use of Goodies for Gifts’s online payment services, including the risk of breach in the security of the communications or transactions you conduct with Goodies for Gifts online. GOODIES FOR GIFTS’S ONLINE PAYMENT SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. Also, you should note that we have partnered with Authorize.net, a leading payment gateway, to offer safe and secure credit card transactions. The Authorize.net Gateway manages the complex routing of sensitive customer information through the credit card processing networks. Authorize.Net is an unrelated entity and there is no association between Goodies for Gift’s and Authorize.net except for Authorize.Net’s processing of Goodies’s for Gifts’ electronic transactions. For additional information regarding the privacy of your sensitive cardholder data, please read the privacy policy for Authorize.net.
b. You are solely responsible for maintaining the confidentiality of your password, and agree that Goodies for Gifts will have no obligations with regard thereto. You agree not to give your password to anyone. If you believe your password has been lost or stolen or someone has gained access to your password without your permission, call us immediately at 919-260-5014. If you use a third party vendor (or distributor) to pay your Goodies for Gifts payment and you disclose to such vendor your username, password, account number, Goodies for Gifts will not be responsible for the accuracy and timeliness of processing your payment.
c. For purposes of identification, payments and marketing, you agree to provide Goodies for Gifts with current, accurate, complete, and updated information required for registration and/or online payment, including legal name, address, telephone number(s), and applicable payment data (e.g., credit card or bank account number). You agree to notify Goodies for Gifts immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with these terms and conditions. Please review our Privacy Policy.
d. By accepting these terms and conditions, you acknowledge that Goodies for Gifts may initiate an ACH debit or credit card debit to the payment account(s) that you have provided.
10. Indemnity. You agree to defend, indemnify, and hold Goodies for Gifts, its officers, managers, members, employees, agents, licensors, advisors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your use of and access to the Site; or (ii) your violation of any term of these Terms and Conditions. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Site.
11. General.
a. Goodies for Gifts is based in Chapel Hill, North Carolina in the United States of America with principal offices in Chapel Hill, North Carolina. Goodies for Gifts makes no claims that the Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
b. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Rights Reserved, Indemnity, Jurisdiction, and Complete Agreement.
12. Jurisdiction.
a. You expressly agree that exclusive jurisdiction for any dispute with Goodies for Gifts, or in any way relating to your use of the Site, resides in the courts of Orange County, North Carolina, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving Goodies for Gifts or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
b. These Terms and Conditions are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
13. Complete Agreement. These Terms and Conditions and the Goodies for Gifts Privacy Policy constitute the entire agreement between you and Goodies for Gifts with respect to the use of the Site and Content.
Thank you for your cooperation. Questions or comments regarding the Site should be submitted to info@goodiesforgifts.com.
