TERMS AND CONDITIONS OF USE
CONDITIONS OF USE
Welcome to our online store! Gifts A'la Mode and its associates provide
their services to you subject to the following conditions. If you visit
or shop within this website, you accept these conditions. Please read
them carefully.
PRIVACY
Please review our Privacy Notice, which also governs your visit to our
website, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Gifts A'la Mode or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of Gifts A'la Mode or its
content suppliers and protected by international copyright laws. The
compilation of all content on this site is the exclusive property of
Gifts A'la Mode, with copyright authorship for this collection by Gifts
A'la Mode, and protected by international copyright laws.
TRADE MARKS
Gifts A'la Modes trademarks and trade dress may not be used in
connection with any product or service that is not Gifts A'la Modes, in
any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits Gifts A'la Mode. All other
trademarks not owned by Gifts A'la Mode or its subsidiaries that appear
on this site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by Gifts A'la
Mode or its subsidiaries.
LICENSE AND SITE ACCESS
Gifts A'la Mode grants you a limited license to access and
make personal use of this site and not to download (other than page
caching) or modify it, or any portion of it, except with express
written consent of Gifts A'la Mode. This license does not include any
resale or commercial use of this site or its contents: any collection
and use of any product listings, descriptions, or prices: any
derivative use of this site or its contents: any downloading or copying
of account information for the benefit of another merchant: or any use
of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for
any commercial purpose without express written consent of Gifts A'la
Mode. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images,
text, page layout, or form) of Gifts A'la Mode and our associates
without express written consent. You may not use any meta tags or any
other "hidden text" utilizing Gifts A'la Modes name or trademarks
without the express written consent of Gifts A'la Mode. Any
unauthorized use terminates the permission or license granted by Gifts
A'la Mode. You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of Gifts A'la Mode so long as
the link does not portray Gifts A'la Mode, its associates, or their
products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Gifts A'la Mode logo or other
proprietary graphic or trademark as part of the link without express
written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access
to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. If you are under
18, you may use our website only with involvement of a parent or
guardian. Gifts A'la Mode and its associates reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
REVIEWS, COMMENTS,
EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit
suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not
consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of
"spam." You may not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of a card or other
content. Gifts A'la Mode reserves the right (but not the obligation) to
remove or edit such content, but does not regularly review posted
content. If you do post content or submit material, and unless we
indicate otherwise, you grant Gifts A'la Mode and its associates a
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant Gifts A'la Mode
and its associates and sublicensees the right to use the name that you
submit in connection with such content, if they choose. You represent
and warrant that you own or otherwise control all of the rights to the
content that you post: that the content is accurate: that use of the
content you supply does not violate this policy and will not cause
injury to any person or entity: and that you will indemnify Gifts A'la
Mode or its associates for all claims resulting from content you
supply. Gifts A'la Mode has the right but not the obligation to monitor
and edit or remove any activity or content. Gifts A'la Mode takes no
responsibility and assumes no liability for any content posted by you
or any third party.
RISK OF LOSS
All items purchased from Gifts A'la Mode are made pursuant to a
shipment contract. This basically means that the risk of loss and title
for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Gifts A'la Mode and its associates attempt to be as accurate
as possible. However, Gifts A'la Mode does not warrant that product
descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered by Gifts A'la
Mode itself is not as described, your sole remedy is to return it in
unused condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Gifts A'la Mode ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Gifts A'la Mode MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS
SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON
THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Gifts A'la
Mode DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Gifts A'la Mode DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM Gifts A'la Mode ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. Gifts A'la Mode WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Gifts A'la Mode, you agree that the laws of the State of
Texas, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise
between you and Gifts A'la Mode or its associates.
DISPUTES
Any dispute relating in any way to your visit to Gifts A'la Mode or to
products you purchase through Gifts A'la Mode shall be submitted to
confidential arbitration in Travis County, Texas, U.S.A., except that,
to the extent you have in any manner violated or threatened to violate
Gifts A'la Modes intellectual property rights, Gifts A'la Mode may seek
injunctive or other appropriate relief in any state or federal court in
the State of Texas, and you consent to exclusive jurisdiction and venue
in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration
Association. The arbitrators award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to
this Agreement, whether through class arbitration proceedings or
otherwise.
SITE POLICIES,
MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns
policy, posted on this site. These policies also govern your visit to
Gifts A'la Mode. We reserve the right to make changes to our site,
policies, and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding our Conditions of Usage, Privacy Policy, or other
policy related material can be directed to our support staff by
clicking on the "Contact Us" link in the side menu. Or you can email us
at: info@giftsalamode.net
Copywright © 2017 Gifts
A'la Mode
All Right Reserved