TERMS AND CONDITIONS OF USE
SUPERIOR GIFTWRAP, Superior Giftwrap, Superiorgiftwrap.com, SGW, and SGW Enterprises and all other registered trademarks owned by Superior Giftwrap and their respective designs and/or logos are either trademarks or registered trademarks of Superior Giftwrap and may not be copied, imitated or used, in whole or in part, without the prior written permission of Superior Giftwrap. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Superior Giftwrap, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Superior Giftwrap. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
All Site Materials are owned by us and others and are protected by United States and international copyright, trademark and other laws. Except as stated in the Site Terms, none of the materials and Intellectual Property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Superior Giftwrap or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Superior Giftwrap - is strictly prohibited. Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Site is licensed to you, for your use on this site, by Superior Giftwrap on a non-exclusive and limited basis. Superior Giftwrap shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software. Linking to Site You are granted a limited, non-exclusive right to create a hypertext link to a complete page on this Site, provided such link does not portray Superior Giftwrap or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Superior Giftwrap trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page, or form contained on a page without Superior Giftwrap's express written consent. All other linking is prohibited without prior consent from Superior Giftwrap. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Superior Giftwrap or any third party Superior Giftwrap makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.
LICENSE AND SITE ACCESS
Superior Giftwrap grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of this Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Superior Giftwrap trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Superior Giftwrap or any third party. You may not use any meta tags or any other "hidden text" utilizing Superior Giftwrap's name, trademark, or product name without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms) design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof. We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
PRODUCT DISCLAIMER & LIMITATION OF LIABILITY
This site and the materials provided herein are provided on an ""As Is"" basis without warranties of any kind, either express or implied. Superior Giftwrap does not guarantee that any of the packaging that we offer is food-safe or will preserve the integrity, safety or quality of food products in transport, wholesale warehouse, retail locations or home use. Superior Giftwrap disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement with respect to the site and materials, content, services and product on this site. Superior Giftwrap does not represent or warrant that materials in this site are accurate, complete, reliable, current, or error-free. Superior Giftwrap is not responsible for typographical errors or omissions relating to pricing, text or photography. Superior Giftwrap does not represent or warrant that this site or its server(s) are free of viruses or other harmful components, even if Superior Giftwrap or it's authorized representatives have been advised of the possibility of such damages. You expressly agree that use of this site, including all content, data or software distributed by, downloaded or accessed from or through this site is at your sole risk. In no event shall Superior Giftwrap be liable for any direct, special, punitive, exemplary, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, lost savings loss of business opportunity or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with the use or inability to use this site or the materials contained in, or accessed through, this site. In no event shall the aggregate liability of Superior Giftwrap (whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory) arising out of or relating to the use of this site exceed $5 or the compensation you paid Superior Giftwrap, whichever is less. The foregoing remedy shall be subject to buyer’s notification of defect and return of the defective product within ninety (90) days of purchase. The foregoing remedy does not apply to products that have been used or if damage occurs as a result of the failure of the buyer to follow specific instructions. Some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of incidental or consequential damages. If these laws apply some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have rights additional to those contained herein. 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 thereof by Superior Giftwrap.
CHANGES, MISPRINTS, ERRORS AND CANCELLATIONS
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on this Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will cancel the order and will either not charge you or will apply credit to the payment type used on the order. Superior Giftwrap reserves the right to refuse service and products to anyone. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Passwords and Security If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Superior Giftwrap immediately. Superior Giftwrap reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. Notwithstanding the above, Superior Giftwrap may rely on the authority of anyone accessing your account or using your password and in no event will Superior Giftwrap be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Superior Giftwrap under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password. United States Usage This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Indiana applicable to agreements made and entirely to be performed within Indiana, without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Floyds, Indiana, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions. Notwithstanding any of these terms and conditions, Superior Giftwrap reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Site Terms or its policies. Upon termination, these Site Terms shall still apply.
CONSENT TO EMAIL COMMUNICATION
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Web site. Legal Equivalency This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. Severability If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.