Your use of this Website, www.greatgiftsforbaseballfans.com, (hereinafter referred to as “Website”) is subject to your irrevocable acceptance without modification of these Terms and you (SUBSCRIBER) agree to use this Website in accordance with and subject to these Terms. By accessing any part of this Website, you consent to be bound by these Terms and re-affirm that agreement every time you use this Website. If you do not read or accept any part of these Terms, please do not use this Website. By using our Web site or other services, you agree to the terms of this User Agreement. If you do not agree to the terms of this User Agreement, you may not use our Web site or other services. We reserve the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations, or updates once they are posted on our Web site.
Subscriber shall use the Website for lawful purposes only. Subscriber shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by a Subscriber that in our discretion restricts or inhibits any other subscriber from using or enjoying the Web site will not be permitted. You agree that your use of the Website shall not be done in any way which will violate any applicable local, state, federal, or international law.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT SUBSCRIBER’S SOLE RISK. We DO NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ONLINE SERVICES.
B) THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE ONLINE DISTRIBUTOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER. Hypertext links to other Web sites are provided for convenience only. We assume no responsibility, make no representations regarding, and are not liable for (a) the content, truthfulness, accuracy, completeness, usefulness, or legality of any listings, advertisements, information, products, or services included on this website or any site to which this website is linked; (b) monitoring any information residing on or transmitted to or from this website; (c) determining whether or not persons who advertise on this website or any linked site are properly licensed for their advertised profession or trade; (d) the use by any advertisers of any trademarks, copyrights, or other rights of third parties; or (e) any viruses, worms, cancelbots, trojan horses or other harmful components or defects that may be found at this website or any linked site.
We do not represent, warrant, endorse, or guarantee any advertised products or services, and the identification or listing of products, services, links, or other information on this website or any linked site does not constitute or imply any sponsorship, affiliation, or recommendation by us. You assume all responsibility and risk associated with the use of the service provided by this website and the Internet generally.
This website is provided on an “as is” and “as available” basis, with all faults. Neither this website nor any person associated with this website makes any warranty or representation with respect to the quality or availability of this website. Specifically, but without limiting the foregoing, neither this website nor anyone associated with this website warrants or represents that this Web site or the information provided on this Web site will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that this website or the server that makes it available are free of viruses or other harmful components; or that this website will otherwise meet your needs or expectations. We disclaim all warranties of any kind, express or implied, including any warranties of merchantability, fitness for a particular purpose, or noninfringement. In no event will we or our contractors be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, this website or any linked site, including any direct, indirect, incidental, special, consequential, or punitive damages, including, but not limited to, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions, or other inaccuracies in this website or the content transmitted on this website, whether or not there is negligence by us or this website and whether or not we or this website has been advised of the possibility of any such damages.
We shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on this website, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on this website. The information, services, products, and materials contained in this Web site or available through our other services, including, without limitation, all text, graphics, and links, are provided on an “AS IS” basis. To the maximum extent permitted by law, we and this website DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance. In addition, since this website cannot verify all information provided by online merchants and other third parties, and errors in gathering or reporting such information may occur due to the large volume of merchants with many different products and services, we and this website do not represent or warrant that the information accessible via our Web site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on our Web site or through our other services. Furthermore, due to the dynamic nature of online shopping, all information regarding such matters is subject to change without notice. We and this website SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH this website’s SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via our Web site or other services.
PURCHASES OF PRODUCTS OR SERVICES
This website connects consumers with online stores and individual products from stores. Products and services are made available through this website, and consumers are sent via a link to the website of the merchant, advertiser, or other third party which is offering the product or service. Transactions occur strictly between the consumer and the merchant and this website is not a party to any transaction. If you elect to purchase products or services that are made available through this website, you will be sent via a link to the Web site of the merchant, advertiser, or other information or service provider (“Merchant”) which is offering such product or service. You may be asked by such Merchant to supply certain information, including credit card or other payment information. You agree that all such information will be accurate, complete, and current. The persons or entities offering products and services on this website set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account, credit card, or other payment mechanism at the prices in effect when the charges are incurred. You also will be responsible for paying any taxes due in connection with such purchases.
This website is not a party to any transaction between you and any Merchant or any other party, and is not responsible for any products or services you may elect to purchase or use. All transactions regarding goods or services offered by Merchants, including, but not limited to, the purchase and payment terms for such goods or services, warranties, guarantees, maintenance, and delivery, are solely between you and the Merchant and are governed by the terms of the agreement between you and the Merchant. This website is not a party to any transactions between you and a Merchant, and is not liable for any direct or indirect costs or damages arising out of any dispute between you and a merchant. Neither this website nor any third-party provider, other than the Merchant offering such goods or services over the network, makes any express or implied representations or warranties regarding the goods or services offered by such Merchant, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, noninfringement, or compatibility.
This website, its owner or affiliates control and operate this Web site. All content on this Web site, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned by this website, its owner, its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the “Content Providers”) that have licensed their content or the right to market their products and/or services to us. Trademarks, copyrights or other third-party intellectual property referred to on this Web site are the property of their respective owners, and use on this Web site thereof does not constitute or imply endorsement. You may not copy, modify, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of us or the Content Providers.
The content on this website is intended for information purposes only. There might be errors, or the information provided may not be complete, current, or applicable to your particular situation. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through this WebSite or obtained from a linked site. This website does not assume, and hereby affirmatively disclaims, any and all legal responsibility for the accuracy, content, obsolescence and usefulness of any information of any and every nature whatsoever contained on the Website. The Website contains links to other Websites, the contents of which are completely out of the control of this website and similarly disclaims all responsibility for the content thereof.
This website shall have the right, but not the obligation, to monitor the content of the Web site, including bulletin boards and forums, to determine compliance with this Agreement and any operating rules established by this website. This website shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web site. Without limiting the foregoing, this website shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, or for any reason it deems appropriate or necessary.
Subscriber agrees to indemnify and hold harmless this website, its owner and its affiliates against all claims and expenses, including attorneys’ fees, arising out of the use of this Web site by Subscriber.
This website reserves the right at any time to revise and/or remove the information (including these terms) and links on this site without notice. While we use all reasonable endeavors to make our web site available, we cannot guarantee that it and any links provided to third party web sites will operate continuously and without interruptions.
YOUR COMMENTS AND SUBMISSIONS
Any communications or materials you transmit to us, through the Site, by electronic mail or otherwise, including any data, question, comments, opinion, suggestion, idea, or the like (“Communications or Materials”) will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant this website, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials, nor do we represent or warrant that Communications or Materials that you submit will be posted, or will continue to be posted, on the Site. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.