Terms and ConditionsLast Updated: January 1, 2013
Please read these Terms and Conditions ("Terms") carefully. They contain important information about your rights and obligations.
www.couragecards.org (the "Website") is brought to you by The Occasions Group ("The Occasions Group" or "we" or "us"). By visiting and/or purchasing goods or services from the Website (collectively, the "Services"), you fully and unconditionally agree to these Terms. If you do not agree to these Terms, please do not visit or use the Website.
We may revise these Terms at any time by updating this page. By using the Website, you agree to be bound by any such changes.
2. Your Conduct
Visiting this SiteWhile using the Services you agree that you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity.
- Falsely state of otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information.
- Restrict or inhibit other users from using the Services.
- Violate any applicable laws, rules, or regulations.
- Express or imply that any statements you make are endorsed by us.
- Upload to, transmit through, or display on the Services: (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.
- Engage in spamming or flooding.
- Access or use (or attempt to access or use) another user's content without permission.
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or the Website.
- Remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Website.
- "Frame" or "mirror" any portion of the Website, or link to any page from the Website without our prior written authorization.
- Use any chat room or other community on the Website, if you are not at least thirteen (13) years old. In addition, you may not use any chat room or other community of the Website if you are a convicted sexual predator. We recommend that minors over age 13 (that is, between ages 13 and 18) obtain their parent's or guardian's permission before sending information about themselves to anyone online.
- Order to purchase Services through the Website if you are not 18 years of age or older, or have the specific permission of a parent or legal guardian.
We may suspend and/or terminate your access to and use of the Services and/or any features made available through the Website immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms, as determined solely by us.
3. Your SubmissionsIf you choose to upload or otherwise submit any material through the Website, including without limitation, photographs, images, text, graphics, videos, sounds, data, or files (collectively "Submissions"), you represent and warrant that: (1) you own or otherwise possess all necessary rights with respect to your Submissions; (2) your Submissions do not and will not infringe, misappropriate, use, or disclose without authorization, or otherwise violate any intellectual property or proprietary rights of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable; and (3) you hereby consent to the use of your likeness, and you acknowledge you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual's likeness, or if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us with a copy of any such consents, releases and/or permission upon our request).
We may request that you submit evidence of your ownership of or right to use your Submissions. If, upon such request, we do not receive information we deem sufficient to evidence such rights, we reserve the right to: (1) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
We do not and cannot review all Submissions posted to the Website. You acknowledge that we are acting only as a passive conduit for the distribution of the content and we are not undertaking any obligation or liability relating to any such content. All such content is offered AS IS, and you view and use it at your own risk. You acknowledge and agree that we may (but are not obligated to) do any of the following, at our discretion: (1) monitor and/or filter any Submissions; (2) alter, remove, or refuse to send, transmit, or otherwise use any Submission (including without limitation, by suspending the processing and shipping of any order related to any Submission); and/or (3) disclose any Submission, and the circumstances surrounding the transmission or use thereof to any third party. If you become aware of misuse of the Website by any person, please contact us at The Occasions Group.
4. TerminationWe reserve the right in our sole discretion to terminate or restrict your use of the Website or the Services, without notice, for any or no reason, and without liability to you or any third party. We may also change, suspend, or discontinue any aspect of the Website or the Services at any time, including the availability of any feature or content without prior notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or the Services.
5. CopyrightThe entire content of the Website, including but not limited to text, graphics, logos, icons, photographs, products, audio clips, digital downloads, data compilations, and code, is the property of The Occasions Group, or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of The Occasions Group and is protected by U.S. and international copyright laws.
6. TrademarksAll trademarks, service marks, and trade names of The Occasions Group used on the Website are trademarks or registered trademarks of The Occasions Group in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.
7. Warranty and Limitation on LiabilityTo the fullest extent permissible under applicable law, we present the Website and the Services "AS IS" and without any warranty of any kind, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected or that this Website or the server that makes it available are free of viruses or other harmful components. In the event of any breach of any warranty, your exclusive remedy shall be that we shall, at our option, repair, replace, or refund the price you paid for any defective goods. We assume no liability or responsibility for any errors or omissions on the Website; any failures, delays or interruptions in the Website's accessibility; any losses or damages arising from the use of the Website; or any conduct by other users of the Website. We reserve the right to deliver the Website in our sole and absolute discretion. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you. IN NO EVENT SHALL The Occasions Group, ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE) AND The Occasions Group TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL FEES DUE HEREUNDER FOR THE INVOICE UPON WHICH A CLAIM IS BASED. Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.
8. IndemnificationYou agree to indemnify, defend, and hold The Occasions Group, its shareholders, officers, directors, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorney's fees and court costs, arising, directly or indirectly, in whole or in part, out of your use of the Website or your violation of these Terms, your Submissions, any law and/or the rights of any third party.
9. Electronic NoticesBy using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
11. Policy for Idea SubmissionAny ideas and/or suggestions that you submit will be owned by The Occasions Group, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to The Occasions Group.
12. DisputesYour use of the Website shall be governed by the laws of Minnesota, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Nicollet County, Minnesota. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.
13. GeneralThe Services are controlled and operated by The Occasions Group from the United States, and is not intended to subject The Occasions Group to the laws or jurisdiction of any state, country or territory other than that of the United States. The Occasions Group does not represent or warrant that the Services or any part thereof is appropriate or available for us in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Services availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
1750 Tower Boulevard
North Mankato, MN 56003