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ACCEPTANCE OF TERMS

All aspects of Gift/Poetry (as those terms are defined hereinbelow) are conducted exclusively by Gifts From the Heart the owner of this website ("giftsfromtheheartpoems") and are in no way affiliated with any other website.


CONSENT TO RECEIVE ELECTRONIC POETRY

By participating in the programs offered on the Site (“giftsfromtheheartpoems”), you signify your express consent to receive Poetry from Company in printed and mailed format. You will need a computer with browser and Internet access  and mailing address along with a valid e-mail address to send and receive communication with our company. Poetry may include terms and conditions, agreements, privacy policies, Gift redemption poem(s) (each, a “Item of Poetry”) and other items.


YOU MUST BE OVER EIGHTEEN (18) YEARS OF AGE TO ORDER POETRY UNLESS YOU HAVE CONSENT FROM YOUR PARENT OR GUARDIAN

This Agreement must be completed, understood and agreed to by a person over eighteen (18) years of age or have permission from a parent or guardian to order. Any gender or nationality are welcome to purchase material For purposes of this Agreement, "United States" shall be defined as the fifty (50) states of the Union and other territories including the Midway Islands, Puerto Rico, American Samoa, Virgin Islands, Micronesia, Marshall Islands, Northern Mariana Islands, Palau and Guam.

Security

You are responsible for maintaining the confidentiality of your Accounts and poetry and for restricting access to your computer.  You agree to accept responsibility for all activities that occur through use of your Account, including, but not limited to, any purchases.

You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any of the information, contents or materials on or received via the Site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that Company shall pursue such penalties to the full extent of the law, and in equity, in order to protect our rights and the rights of our poetry.

TRADEMARKS

The materials, services and products referenced on the Site are common law or registered trademarks or service marks of Company, licensors, advertisers, merchants, as applicable, and you agree never to use same nor replicate without the express written permission of the applicable party.

DISCLAIMER OF WARRANTIES

THE SITE, THE PROGRAMS, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US ARE PROVIDED TO YOU ON A FIRST COME FIRST COME BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, (FOR A PARTICULAR PURPOSE).  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, THE PROGRAMS, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US IS AN ORIGINAL AND NOT TO BE USED OR SOLD FOR ANY OTHER PERSON OR PERSONS WITHOUT EXPRESSED AND WRITTEN CONSENT (B) THE SITE, THE PROGRAMS, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US WILL BE SENT TO YOU IN A , TIMELY, SECURE MANOR: (C) THE APPLICABLE GIFT WILL MEET WITH YOUR REQUIREMENTS AND/OR WILL PERFORM ITS ASSOCIATED OBLIGATIONS IN A TIMELY OR SATISFACTORY MANNER; (D) YOU WILL QUALIFY FOR PROGRAM TERMS; OR (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE PROGRAMS, GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US WILL BE ACCURATE OR RELIABLE. THE SITE, THE POEMS/ GIFTS, AND ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM US, MAY CONTAIN ERRORS, PROBLEMS BUT CAN BE CHANGED IN ORDER TO SATISFY YOU. WE WILL NOT BE LIABLE FOR  ANY RECEIVED DAMAGE DUE TO MAILING PROCESS NOR ACTIVITIES ONCE IN THE HANDS OF THE RECIPIENT, NOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY HURT FEELING OR TOWARDS ANYONE WHO MIGHT TAKE OFFENSE AS A REACTION TO THE BOLDNESS AND DIRECTNESS OF THE GIFTS/POETRY.

LEGAL COMPLIANCE

Company may suspend or terminate this Agreement or Member's use of the Site immediately upon receipt of any notice which alleges that the purchaser has used the Site for any purpose that violates any local, state or federal law including, but not limited to, the posting of information that may violate confidentially, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations. As set forth in the Privacy Policy, in such an event, Company may disclose the Purchaser’s identity and contact information, if requested by a governmental or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results therefrom and Member agrees not to bring any action or claim against Company for such disclosure.

PARENTAL FILTERING DEVICES

In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there are filtering devices that are commercially available which may assist parents in limiting access to material that is harmful to minors, such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.

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