• Welcome to Gift Haven! These Terms of Use ("Terms") govern your access to and use of the Gift Haven website (the "Site") and the services provided through the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
• Acceptance of Terms By accessing or using the Site, you agree to these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
• Use License a. Permission is granted to temporarily download one copy of the materials (information or software) on Gift Haven's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
• i. Modify or copy the materials; ii. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial); iii. Attempt to decompile or reverse engineer any software contained on Gift Haven's website; iv. Remove any copyright or other proprietary notations from the materials; or v. Transfer the materials to another person or "mirror" the materials on any other server. b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Gift Haven at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
• Disclaimer The materials on Gift Haven's website are provided on an 'as is' basis. Gift Haven makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
• Further, Gift Haven does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
• Limitations In no event shall Gift Haven or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Gift Haven's website, even if Gift Haven or a Gift Haven authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
• Accuracy of Materials The materials appearing on Gift Haven's website could include technical, typographical, or photographic errors. Gift Haven does not warrant that any of the materials on its website are accurate, complete, or current. Gift Haven may make changes to the materials contained on its website at any time without notice. However, Gift Haven does not make any commitment to update the materials.
• Links Gift Haven has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Gift Haven of the site. Use of any such linked website is at the user's own risk.
• Modifications Gift Haven may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
• User Conduct When using Gift Haven's website, you agree to abide by all applicable laws and regulations. You also agree to be solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Site.
• You agree: Not to use the Site in any way that may impair the performance, corrupt the content, or otherwise reduce the overall functionality of the Site. Not to use the Site for any illegal or unauthorized purpose. Not to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate security measures of Gift Haven's website or its affiliated networks. Not to engage in any activity that would interfere with or disrupt the Site or the servers or networks connected to the Site. Not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without express written permission from Gift Haven.
• Intellectual Property Rights The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site is strictly prohibited.
• Gift Haven grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms.
• Termination Gift Haven reserves the right to terminate or suspend access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
• All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
• Entire Agreement These Terms constitute the entire agreement between Gift Haven and you concerning the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Gift Haven with respect to the Site.
• Waiver and Severability The failure of Gift Haven to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
• Changes to Terms Gift Haven reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
• By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
• Language These Terms may be translated into other languages for convenience. In the event of a conflict between a translated version of these Terms and the English language version, the English language version shall control.
• Dispute Resolution Any dispute arising out of or related to these Terms of Use or your use of the Gift Haven website shall be governed by the laws of the State of California, without regard to its conflict of law provisions.
• Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, termination, or validity thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
• Force Majeure Gift Haven shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Gift Haven's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
• Consent to Electronic Communications By using the Gift Haven website, you consent to receiving electronic communications from us. These communications may include notices about your account, updates, or information related to the Gift Haven website. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
• Feedback and Suggestions Gift Haven welcomes feedback and suggestions from users regarding our services and website. However, please note that any feedback, suggestions, or ideas you provide to Gift Haven shall become the exclusive property of Gift Haven. We may use, modify, reproduce, distribute, and disclose such feedback, suggestions, or ideas for any purpose without any obligation or compensation to you.
• Third-Party Services Gift Haven may incorporate third-party services, content, or links on the website for the convenience and benefit of our users. However, Gift Haven does not endorse, control, or assume responsibility for any third-party services, content, or websites. Your use of any third-party services or websites is at your own risk, and you should review the terms and privacy policies of such third parties before using their services.
• No Waiver of Rights The failure of Gift Haven to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Our rights and remedies under these Terms are cumulative and not exclusive of any other rights or remedies provided by law or in equity.
• Governing Law These terms and conditions are governed by and construed in accordance with the laws of California and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
• If you have any questions about these Terms of Use, please contact us at [email protected].
• By using this site, you signify your acceptance of these terms. If you do not agree to these terms, please do not use our site.
• Last updated: February 6, 2024