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TERMS & CONDITIONS The following information is in regards to the terms of use of this web site and our legal statement about the web site and information. This is the web site of Gratitude Attitude Cards. This page states the “Terms and Conditions” under which you may use the Gratitude Attitude Cards web site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site [and/or clicking “I AGREE” during any registration process on this web site], you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Gratitude Attitude Cards may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this website https://www.gratitudeattitudecards.com for any reason. These Terms and Conditions were last updated July 11, 2022 . Website ownership: Gratitude Attitude Cards owns and operates this Website. All elements of this website, which include the content, images, text, graphics, logos, button icons, software and other content (“Material”), specifications and any other metadata, and foreign translations (“Content”) as well as the design of this website are owned by Gratitude Attitude Cards or its content providers, which is protected by copyright, trademark, trade dress, moral rights and other US and international laws or treaties relating to intellectual property. The Content remains the property of Gratitude Attitude Cards, the Content supplier, the copyright holder, or owner of such Content, unless specifically stated otherwise. All rights not specifically granted to Customer are reserved for the copyright holder and Content supplier. Unless you obtain express written consent from Gratitude Attitude Cards or the copyright holder, you may not copy, distribute, reproduce, create derivative works, publicly display or perform, republish, upload, post on any website, translate, transmit, modify, or commercially exploit any portion of the Art. You do not acquire any right, title, or interest in or to any Content other than the right to retain, for personal use, the physical Art once received, unless specifically stated otherwise on the Website or as provided by Gratitude Attitude Cards in writing. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Gratitude Attitude Cards or its content suppliers, sales and distribution partners or clients and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that Gratitude Attitude Cards creates to generate its pages. It is also protected by the Gratitude Attitude Cards copyright. Use of Gratitude Attitude Cards and its subsidiaries’ Logo and Trademarks the look and feel of the Website, including all elements of the design, is the service mark, trademark, and/or trade dress of Gratitude Attitude Cards may not be copied, imitated or used, in whole or in part, without prior written permission from Company. In addition, you may not use Gratitude Attitude Cards or any of its content suppliers, trademarks or trade names, including “Gratitude Attitude Cards” without Gratitude Attitude Cards prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Gratitude Attitude Cards. PRICING: Gratitude Attitude Cards strives to provide accurate pricing on the Website; however, Gratitude Attitude Cards does not represent or warrant that the pricing is accurate. If the Website does not reflect a price change that was in effect when you placed your order, and the updated price is higher than the price listed on the Website, your sole remedy is to cancel your order. The prices stated on the Website always apply to orders placed on the Website. All prices are presented in USD and do not include shipping fees. USE OF THIS WEBSITE, CONTENT, AND ORDERING CARDS: This Website and its Contents are intended for use by Gratitude Attitude Cards customers. You may not use the Website for any purpose unrelated with your business with Company. In using the Website, you represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, copyright, trademark, other intellectual property law, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. Gratitude Attitude Cards makes no warranties and grants no rights with reference to the use of people, likenesses, names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture portrayed in any Content or Art. It is your sole responsibility to determine if you need any additional permissions or releases in connection with any proposed use of the Content or Art. Art is intended solely for Customer’s personal use as artwork. Gratitude Attitude Cards, in its sole discretion, may cancel or reject any order, and your sole remedy for any such cancellation or rejection is to get a refund for the amount you paid for such order. Once product has shipped, all sales are final. Acceptable Site Use General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. • Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, denial-of-service attacks, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You are prohibited from using any Content or Art as a trademark, trade dress, logo, or in any other way that would imply endorsement, sponsorship, or partnership. You are prohibited from any of the following uses, and therefore may not: • Download, copy, or re-transmit any or all of the Website or the Content without, or in violation of, a written license or agreement with Gratitude Attitude Cards; • Use any data mining, robots or similar data and/or image gathering or extraction technology or algorithms to crawl, scrape or monitor the Website or seek information on Website Visitor’s or Gratitude Attitude Cards customers; • Manipulate or otherwise display the Website or the Content by using framing or similar navigational technology; • Circumvent any Website restrictions or measures to limit access to the Website; • Register or attempt to register for any products or services offered by the Company if you are not authorized by the party to do so; • Removing, alter or change any copyright information or other notices or metadata associated with the Content. • Disclose, sell or trade any password to restricted areas of the Website or allow any third party to have access to your password. Gratitude Attitude Cards will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Specific Prohibited Uses the Web Site may be used only for lawful purposes by individuals seeking information about the Gratitude Attitude Cards or members, employment and career information. Gratitude Attitude Cards specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following: *Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate information. *Posting any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only, requires recruitment of other members, sub-distributors or sub-agents. Web Site in general *Deleting or revising any material posted by any other person or entity. *Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site. *Taking any action which imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure. *If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose. *Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third-party web browsers (e.g., Mozilla Firefox, Microsoft Explorer). *Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site. *Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site. *Framing of any of the materials or information available from the Web Site. Gratitude Attitude Cards User Information Our policy with respect to User information is set forth in our “Privacy Statement” which is posted on the Web Site and incorporated herein by reference. Please review the Privacy Statement for further details regarding your information. User Submissions As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Gratitude Attitude Cards does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Gratitude Attitude Cards acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Gratitude Attitude Cards may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Gratitude Attitude Cards has no liability or responsibility to users for performance or nonperformance of such activities. Gratitude Attitude Cards reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. Gratitude Attitude Cards may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Gratitude Attitude Cards or may cause Gratitude Attitude Cards to lose (in whole or in part) the services of its ISPs or other suppliers. By submitting content to any public or non-public area of the Web Site, including Extra-net and contact forms you grant Gratitude Attitude Cards and its affiliates the loyalty-free, perpetual, irrevocable, sublicensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content. Gratitude Attitude Cards Liability: Gratitude Attitude Cards provides no guarantee, or warranty, written or implied, as to the accuracy of any of the information contained in this Web Site. The information and services on this Web Site are provided “AS IS”, with no guarantee of completeness, accuracy, timeliness, or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to, warranties of performance, merchantability, and fitness for a particular purpose. By using this Web Site you agree that under no circumstances will the Gratitude Attitude Cards, or any of its members, advertisers sponsors or affiliates or the partners, agents, or employees thereof be liable to you or anyone else for (1) any information contained in or omitted from this Web Site, (2) any person’s reliance on such information whether or not the information is correct, current or complete (3) any decision made or action taken in reliance on the information in this Web Site or for any consequential, special, or similar damages, even if advised of the possibility of such damages. Certain links in this Web Site connect to other web sites maintained by third parties over which Gratitude Attitude Cards has no control. Because user authentication on the Internet is difficult, Gratitude Attitude Cards cannot and does not confirm that each user is who they claim to be. If you are a California resident, you waive California Civil Code d1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site. The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. Gratitude Attitude Cards DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Gratitude Attitude Cards IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Gratitude Attitude Cards, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. Gratitude Attitude Cards MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. Disclaimer of Consequential Damages IN NO EVENT SHALL Gratitude Attitude Cards, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Links to Other Sites the Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Gratitude Attitude Cards of the contents on such third-party web sites. Gratitude Attitude Cards is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Indemnity You agree to defend, indemnify and hold Gratitude Attitude Cards, its directors, officers, members, employees, content providers, the copyright holder, agents, attorneys, affiliates, and successors harmless from and against any and all claims, demands, losses, liabilities, damages, costs and expenses, including without limitation reasonable attorney’s fees and costs, brought or threatened by a third party against Gratitude Attitude Cards arising out of or related to your use of Content, any breach of this Website agreement, or inaccuracy of any representation or warranty made by you, your violation of any rights of another, or any activity related to the use of your account whether by you or any other party.
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