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TERMS & CONDITIONS

Updated at 10-23-2023

These Terms and Conditions (“Terms of Agreement”) govern your use of Heart2Gifts (the “Company”, “We”, “Our”, or “Us”) services, products, and our platforms, including heart2gifts.com and any sub-domains or related domains (“the Site”, “the Service”, “Services”, “Us”, “We,” “Our”, “Company”, “Website”).

The information provided on this website is for general informational purposes only . 

Quantified results from using Heart2Gifts products listed on this website are based on testing conducted in a controlled laboratory environment.

In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. Just so you know, all such guidelines or rules are, at this moment, incorporated by reference into these Terms of Use.

By accessing or using our Site, purchasing any products, or using our Services, you signify that you have read, understand, and agree to be bound by these Terms and Conditions (“Terms” or “Agreement”), regardless of whether you are a registered user of the Site or place an order.  By visiting our Site, purchasing any of our products, or signing up for any of our services, you engage in our Services (the “Service,” “Services”).  These Terms and Conditions apply to all Site users, including browsers. As used herein, “You, “User,” or “Users” means anyone who accesses and uses the Site or any of our Services or if the user represents an entity or other organization, that entity or organization.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms, without notice, by posting updates and changes to our website. Please check this page periodically for any changes you make. Your continued use of or access to the website after posting changes is accepted.

This is a legal agreement between You and Heart2Gifts. You should carefully read this agreement.

YOU MAY NOT USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

THESE TERMS AND CONDITIONS WERE LAST UPDATED ON NOVEMBER 23, 2023.

Section 1 – Eligibility.

Users must be at least 18 years of age and able to form legally binding contracts to access the Site and use the Services. If you are below this age of consent or otherwise unable to form legally binding contracts to utilize online services, you may not access the Site or use the Services.

Section 2 – Access to the Service.

2.1. Subject to your acceptance of and compliance with this Agreement, the Company grants you a non-exclusive, non-transferable, revocable, limited license to use the Service. Your use of the Service is conditioned upon your compliance with this Agreement; any use of the Service in violation of this Agreement will be regarded as an infringement of the Company’s copyrights in and to the Service. ANY BREACH OF THIS AGREEMENT WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO OUR SERVICES.

2.2. At our sole discretion, Any new features, services, or products added shall also be subject to this Agreement. Company may change, modify, suspend, or discontinue any aspect of the Service at any time. Such change, modification, suspension, or discontinuation can be for any reason and is not limited to your breach of this Agreement. The company may also limit certain features or restrict or prohibit your access to parts or all of the Service without notice or liability. You agree to be bound by any rules associated with third-party applications or tools used within the Service.

2.3. We reserve the sole right to modify or discontinue the site, including any features therein, at any time, with or without notice to you. Should we exercise such right, we shall not be liable to you or any third party. Modifications may include, but are not limited to, changes in the pricing structure or the addition of fee-based services. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms and Conditions.

Section 3 – Usage Rules.  

As a condition of your use of and access to the Service, you shall not: (a) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, Java, CSS, JavaScript or other code; (b) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service; (c) distribute any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program; (d) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (e) sell the Service or any part thereof including but not limited to user accounts and access to them in exchange for anything of value; (f) violate any applicable law, including without limitation any applicable export laws; or (g) allow another person or entity to use your identity in order to access the Service.

You agree that the Site would be irreparably harmed by the use, by You or others, of the Site or facilities in connection with the transmission of spam, newsgroup postings, or unsolicited email in violation of this Agreement and that the Company is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). The Company reserves the right to block, filter, or delete unsolicited emails, postings, or messages.

When communicating directly with our team members, you agree to be respectful and kind. Suppose we feel that your behavior towards any of our team members is threatening or offensive at any time. In that case, we reserve the right to terminate your access to our services immediately.

You agree to be responsible for any damages resulting from your breach of this Agreement and reimburse us for all costs, expenses, and fees (including all attorney’s fees) arising from or relating to your breach.

Section 4 – Purchases.

Suppose you wish to purchase any products or services through Our Site. In that case, You will be required to supply certain information applicable to your purchase, including, without limitation, payment and other information. All information you provide us or our third-party payment processor must be accurate, current, and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you and your credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verifying information applicable to a purchase may be required before we accept any order. Purchases on our site are paid cash in advance, paid online as part of your purchase transaction. If, for any reason, your credit card company refuses to pay the amount billed for a product or service, you agree to pay the balance due or overdue amount by other means acceptable to us. If legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

Heart2Gifts™ offers a 30-day return policy from the date of purchase. Purchases over $3,500 are considered final and not eligible for return or refund.

Section 5- Third Party Sites and Information.

This site may link you to other sites on the internet or otherwise include references to information, documents, software, materials, and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. Including such a link or reference is provided merely as a convenience. It does not imply endorsement of or association with the site or party by us or any warranty of any kind, express or implied.

Section 6 – Intellectual Property.

The information and other content available through the Service is the property of the Company and others and is protected by copyright and other intellectual property laws. Information received through the Service may not be displayed, reformatted, printed, or used commercially without the Company's written consent. All copyrights and other intellectual property rights in the Site, including without limitation all software and written and graphical content contained in the Site, are owned by the Company. Heart2Gifts, the Heart2Gifts logos, and any other marks used on the Site are trademarks of Heart2Gifts. Such marks may not be used without the Company's prior written consent. Any use of those marks, or any others displayed on the Site, will inure solely for their respective owners' benefit. All rights reserved.

Section 7 – User Materials.

Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we mutually agree otherwise. We can also not accept your unsolicited ideas or proposals, so please do not submit them to us under any circumstances.

We respect the intellectual property of others, and we ask you to do the same. Suppose you or any user of this site believes a posting has infringed its copyright, trademark, or other property rights on this site. In that case, you or the user should immediately notify our Designated Agent (at the contact information identified in Section 17). To be effective, the notification must include:

(a)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

(b) Identification of the copyrighted work claimed to have been infringed;

(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing;

According to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated in Section 17 below. Service of repeat copyright infringers or users about whom repeat claims of copyright infringement are received will be terminated.

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Section 8 – Disclaimers; Limitations; Waivers of Liability.

8.1. EXCEPT AS EXPLICITLY PROVIDED ON THIS WEBSITE, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE OR PURCHASE OF OUR PRODUCTS  IS AT YOUR OWN RISK AND IS ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE PRECEDING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, “HEART2GIFTS PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.

8.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE HEART2GIFTS PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST OR ANTICIPATED PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, THE USE OR MISUSE OF SUBMISSIONS OR CONTENT IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT THE HEART2GIFTS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUPPOSE THE PRECEDING EXCLUSION OF LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE. IN THAT CASE, THE PARTIES INSTEAD AGREE THAT THE HEART2GIFTS PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT THE COMPANY HAS PAID TO YOU IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

8.3. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

Section 9 – Release.

You forever release, discharge, and covenant not to sue the Heart2Gifts Parties from any liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Heart2Gifts or otherwise, in connection with the use of the Service or through or as a result of the Service. In other words, you agree that you cannot sue the Heart2Gifts Parties if anything happens to you, your personal information, any individual that you provide access to use the Service, or your property in connection with the use of the Service or through or as a result of the Service. You agree that the provisions in this paragraph will survive any termination of your account(s), the Service, or this Agreement.

Section 10 – Indemnification. 

You agree at all times to indemnify, defend, and hold harmless the Heart2Gifts Parties harmless from any claim, causes of action, damages, liabilities, demands, costs, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use or misuse of the Site or Services, your breach of this Agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 11 – Governing Law and Dispute Resolution. 

The laws applicable to the interpretation of this Agreement shall be the laws of the State of Texas and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Randall County, Texas. You also agree that if any dispute or claim arises from or relating to your use of the Site, the Services, or any of our Products, you and the Company will attempt in good faith to negotiate a written resolution directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, it shall be resolved by final and binding arbitration in Randall County, Texas, under the rules of the American Arbitration Association, then in effect. Should you file any arbitration claims administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.

THE PARTIES INVOLVED IN THIS AGREEMENT HEREBY GIVE UP THEIR RIGHT TO HAVE ANY LEGAL DISPUTE RELATED TO THIS AGREEMENT OR THE TRANSACTIONS ARISING FROM THIS AGREEMENT RESOLVED IN COURT BY A JURY. FURTHERMORE, YOU AGREE THAT ANY DISPUTES ARISING FROM YOUR USE OF OUR SERVICES WILL BE RESOLVED ONE-ON-ONE, AND NOT THROUGH A CLASS ACTION LAWSUIT.

Section 12 – Severability.

In the event that any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 13 – Miscellaneous.

(a) Company operates and controls the Service from its offices in the United States of America. The company makes no representation that the Service is appropriate or available in other locations. The information by the Company is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable. (b) This Agreement is effective until terminated by either party. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from the Company if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in the Company’s sole discretion. (c) Neither the course of conduct between the parties nor trade practice will act to modify this Agreement to any party at any time without any notice to you. (d) You may not assign this Agreement without the Company’s prior written consent, which may be withheld in the Company’s sole discretion, and any assignment without such consent shall be deemed null and void. Such anti-assignment provision shall not apply to any entity with the right to assign its written agreement with the Company relating to the Service. (e) The section headings used in this Agreement are for convenience only and will not be given any legal import. (f) Upon the Company’s request, you will furnish the Company with any documentation, substantiation, or releases necessary to verify your compliance with this Agreement. (g) At this moment, you waive any defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. (h) Company shall be excused from any delay or failure in performance required as a part of our service if caused because of any occurrence or contingency beyond our reasonable control, including, but not limited to, acts of God, acts of war, acts of government, epidemic, pandemic or global health crisis, fire, ordinances or regulations, strikes, earthquakes, floods, explosions, or other acts of nature. The obligations shall be extended daily for the time equal to the period of such excusable interruption.

Section 14 – Statute of Limitations.

You and Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or this Agreement (including the Privacy Policy) must be filed within ONE (1) YEAR after such claim or cause of action arose or will be forever barred.

Section 15 – Changes to this Agreement.

You can review the most current version of the Terms and Conditions at any time on this page.  We reserve the right, at our sole discretion, and without notice, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Section 16 – Entire Agreement.

These Terms and Conditions and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire Agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous Agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms and Conditions). Any ambiguities in interpreting these Terms and Conditions shall not be construed against the drafting party.

Section 17 – Contact Information.

Questions about the Terms and Conditions should be sent to us at:

Heart2Gifts
Email: support@heart2gifts.com or Chat Button
Street Address: 1426 Gulf to Bay Blvd, Clearwater, FL 33755, USA

MOBILE TERMS OF SERVICE

Heart2Gifts

Last updated: November 23, 2023

The Heart2Gifts mobile message service (the "Service") is operated byHeart2Gifts (“Heart2Gifts”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or its features without notice. To the extent permitted by applicable law, we may modify these Mobile Terms at any time. Your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

 

By consenting to Heart2Gifts SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Heart2Gifts through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

 

You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of any purchase with Heart2Gifts. Your participation in this program is entirely voluntary.

 

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all SMS/text message charges, including charges from your wireless provider.

 

You may opt out of the Service at any time. Text the single keyword command STOP to +18889274032 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless you initiate them. Suppose you have subscribed to other Heart2Gifts mobile message programs and wish to cancel, except where applicable law requires otherwise. In that case, you must opt out separately from those programs by following the instructions in their respective mobile terms.

 

For Service support or assistance, text HELP to +18889274032 or email support@heart2gifts.com.

 

We may change any shortcode or telephone number to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests you send to a short code or telephone number we have changed, may not be received. We will not be responsible for honoring requests made in such messages.

 

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you must sign up for the program with your new number.

 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

 

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

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