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| Conditions of Use |
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37th Street Gifts and its affiliates provide their services to you subject to the following conditions.
If you visit or shop at 37th Street Gifts, you accept these conditions.
Please read them carefully. In addition, when you use any current or future 37th Street Gifts service or visit or purchase from any business affiliated with 37th Street Gifts,
whether or not included in the 37th Street Gifts Web site, you also will be subject to the guidelines and conditions applicable to such service or business.
PRIVACY
Please review our Privacy Notice,
which also governs your visit to 37th Street Gifts, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit 37th Street Gifts 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 37th Street Gifts 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 37th Street Gifts and protected by U.S.
and international copyright laws.
All software used on this site is the property of 37th Street Gifts or its software suppliers and protected by
United States and international copyright laws.
LICENSE AND SITE ACCESS
37th Street Gifts 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 37th Street Gifts.
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 37th Street Gifts.
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 37th Street Gifts and our affiliates without express written consent.
You may not use any meta tags or any other 'hidden text' utilizing 37th Street Gifts' name or trademarks
without the express written consent of 37th Street Gifts.
Any unauthorized use terminates the permission or license granted by 37th Street Gifts.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of 37th Street Gifts
so long as the link does not portray 37th Street Gifts, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter.
You may not use any 37th Street Gifts logo or other proprietary graphic or trademark as part of the link without
express written permission.
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. If you are under 18,
you may use 37th Street Gifts only with involvement of a parent or guardian.
37th Street Gifts and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content,
or cancel orders in their sole discretion.
COPYRIGHT COMPLAINTS
37th Street Gifts and its affiliates respect the intellectual property of others. If you believe that your work has been
copied in a way that constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from 37th Street Gifts 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.
PRODUCT DESCRIPTIONS
37th Street Gifts and its affiliates attempt to be as accurate as possible.
However, 37th Street Gifts 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 37th Street Gifts 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 37TH STREET GIFTS ON AN 'AS IS' AND 'AS AVAILABLE' BASIS.
37TH STREET GIFTS 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, 37TH
STREET GIFTS
DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. 37TH
STREET GIFTS DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM 37TH
STREET GIFTS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. 37TH
STREET GIFTS 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 37th Street Gifts, you agree that the laws of the state of Pennsylvania,
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
37th Street Gifts or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to 37th Street Gifts or to products
you purchase through 37th Street Gifts shall be submitted to confidential arbitration
in Erie, Pennsylvania, except that, to the extent you have in any
manner violated or threatened to violate 37th Street Gifts' intellectual property
rights, 37th Street Gifts may seek injunctive or other appropriate relief in
any state or federal court in the state of Pennsylvania, 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site.
These policies also govern your visit to 37th Street Gifts.
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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