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Welcome to Gifts by York. Gifts by York and its affiliates provide
their services to you subject to the following conditions. If you
visit or shop at Gifts by York, you accept these conditions.
Please read them carefully. In addition, when you use any current or
future Gifts by York service or visit or purchase from any business
affiliated with Gifts by York, whether or not included in the Gifts
by York Web site, you also will be subject to the guidelines and
conditions applicable to such service or business
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Privacy
Please review our
Privacy
Notice, which also governs your visit to Gifts by York, to
understand our practices.
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Electronic Communications
When you visit Gifts by York 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.
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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 by York or its
content suppliers and protected by United States and international
copyright laws. The compilation of all content on this site is the
exclusive property of Gifts by York and protected by U.S. and
international copyright laws. All software used on this site is the
property of Gifts by York or its software suppliers and protected by
United States and international copyright laws.
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License And Site Access
Gifts by York 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 by York. 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 by York. 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 by York and
our affiliates without express written consent. You may not use any
meta tags or any other "hidden text" utilizing Gifts by York's name
or trademarks without the express written consent of Gifts by York.
Any unauthorized use terminates the permission or license granted by
Gifts by York. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the home page of Gifts
by York so long as the link does not portray Gifts by York, its
affiliates, or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any Gifts
by York logo or other proprietary graphic or trademark as part of
the link without express written permission.
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Cookies
Our web sites use "cookies." A cookie is a small amount of data that
is sent to your browser from a web server and stored on your
computer's hard drive. Generally, we use cookies to remind us of who
you are, tailor our products and services to suit your personal
interests, estimate our audience size, assist our customer service
department to process your order, track your status in our
promotions, contests and sweepstakes, and/or analyze your visiting
patterns. You can generally set your browser to not accept cookies
or to notify you when you are sent a cookie, giving you the chance
to decide whether or not to accept it.
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Your 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. Gifts by
York does sell products for children, but it sells them to adults,
who can purchase with a credit card. If you are under 18, you may
use Gifts by York only with involvement of a parent or guardian.
Gifts by York and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
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Reviews, Comments, & Other Content
Visitors may post reviews, comments, and other content; send e-cards
and other communications; 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
by York 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 by York and its affiliates a
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sub-licensable 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 by
York and its affiliates and sub-licensees 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 by York or its affiliates for all claims resulting
from content you supply. Gifts by York has the right but not the
obligation to monitor and edit or remove any activity or content.
Gifts by York takes no responsibility and assumes no liability for
any content posted by you or any third party.
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Risk Of Loss
All items purchased from Gifts by York are made pursuant to a
shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.
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Product
Descriptions
Gifts by York and its affiliates attempt to be as accurate as
possible. However, Gifts by York 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 by
York itself is not as described, your sole remedy is to return it in
unused condition.
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Pricing
Except where noted otherwise, the List Price displayed for
products on our website represents the full retail price listed on
the product itself, suggested by the manufacturer or supplier, or
estimated in accordance with standard industry practice. The List
Price is a comparative price estimate and may or may not represent
the prevailing price in every area on any particular day. For
certain items that are offered as a set, the List Price may
represent "open-stock" prices, which means the aggregate of the
manufacturer's estimated or suggested retail price for each of the
items included in the set. Where an item is offered for sale by one
of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Gifts
by York, we cannot confirm the price of an item until you order.
Despite our best efforts, a small number of the items in our catalog
may be mis-priced. If we discover a mis-pricing, we will do one of
the following:
- If an item's correct price is
lower than our stated price, we will charge the lower amount and
ship you the item.
- If an item's correct price is
higher than our stated price, we will, at our discretion, either
contact you for instructions before shipping or cancel your
order and notify you of such cancellation.
Please note that this policy applies
only to products sold and shipped by Gifts by York. Your purchases
from third-party sellers using Gifts by York Payments are charged at
the time you place your order, and third-party sellers may follow
different policies in the event of a mis-priced item.
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Other Businesses
Parties other than Gifts by York and its subsidiaries operate
stores, provide services, or sell product lines on this site. In
addition, we provide links to the sites of affiliated companies and
certain other businesses. We are not responsible for examining or
evaluating, and we do not warrant the offerings of, any of these
businesses or individuals or the content of their Web sites. Gifts
by York does not assume any responsibility or liability for the
actions, product, and content of all these and any other third
parties. You should carefully review their privacy statements and
other conditions of use.
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Disclaimer Of Warranties & Limitation Of Liabilities
THIS SITE IS PROVIDED BY Gifts by York ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Gifts by York 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 by York DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Gifts by York
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
Gifts by York ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Gifts
by York 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.
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Applicable Law
By visiting Gifts by York, 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 by York or its affiliates.
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Disputes
Any dispute relating in any way to your visit to Gifts by York or to
products you purchase through Gifts by York shall be submitted to
confidential arbitration in Houston, Texas, except that, to the
extent you have in any manner violated or threatened to violate
Gifts by York's intellectual property rights, Gifts by York 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 arbitrator's 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.
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Site Policies, Modifications & Severability
Please review our other policies posted on this site. These policies
also govern your visit to Gifts by York. 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.
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Our Address
Gifts by York, Inc.
4827 Anice St.
Houston, Texas 77039
http://www.giftsbyyork.com
sales@giftsbyyork.com
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