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terms and conditions of use

Welcome to GiftÉlan.com. By visiting this web site or by purchasing or using the products, publications, services, information, advice, or links available through GiftÉlan.com, you agree to be bound by these terms.

Do not drive or operate heavy machinery while using this web site!

definitions

For purposes of this agreement:

The term “GiftÉlan.com” refers to the web site GiftÉlan.com; Present Perfect Gift Consultants (the company that owns and operates GiftÉlan.com); GiftÉlan.com’s owners, directors, officers, employees, agents, writers, and consultants (and their assigns); and others engaged in the creation and maintenance of GiftÉlan.com.

The terms “Associate” and “Associates” refer individually and collectively to GiftÉlan.com’s affiliates, vendors, service providers, sponsors, advertisers, licensers, distributors, web site users; their assigns; and others engaged in business and in the development of business with GiftÉlan.com.

The terms “you” and “your” refer to visitors to this web site and users of the products, services, information, advice, or links provided by and through GiftÉlan.com and its Associates.

The terms “Content” and “Protected Material” each refer individually and collectively to (but are not limited to) text, titles, names, likenesses, graphics, logos, trade dress, trademarks, service marks, copyrights, text buttons, icons, images, data compilations, and software.

No lifeguard on duty—swim at your own risk!

privacy

GiftÉlan.com will not sell to—or share with—any commercial entity your name, physical address, e-mail address, telephone number, credit card information, or other specific personal information without your consent. Exceptions to this policy include:

  • information required for you to complete a purchase or other transaction with an Associate of GiftÉlan.com (in which case the Privacy Policy of the specific Associate shall prevail).
  • product inquiries from you to GiftÉlan.com (which shall be forwarded to the Associate that sells the product or service about which you inquire).
  • transfers of assets in the development of GiftÉlan.com’s business or the sale of GiftÉlan.com or the sale of a substantial portion of its assets (which generally includes visitor information).
  • information given to cooperate with local, state, and federal officials in any investigation relating to purported unethical or unlawful activities of any user.
  • information given to facilitate the payment for, or delivery of, goods or services you order or request from GiftÉlan.com or its Associates.

No food or drink allowed beyond this point!

suitability of content

 

GiftÉlan.com endeavors to provide non-offensive Content and has the right to determine the suitability of any material, product, information, advertisement, or other form of participation on its web site. However, GiftÉlan.com is not responsible for claims, damages, or liabilities resulting from the inclusion of Content that others may deem unsuitable for such a web site. GiftÉlan.com may remove or edit Content at its sole discretion.

Contents under pressure—do not puncture or incinerate!

electronic communications

 

When you visit or send e-mail to GiftÉlan.com, you are communicating electronically and consent to electronic communications from us. You agree that all notices, disclosures, agreements, and other communications that we provide you electronically (via e-mail or web site postings) satisfy any legal or other requirement that such communications be in writing.

 

May be habit forming!

protected material

 

GiftÉlan.com contains content and material protected by United States and international copyright laws. All Content and Protected Material on this web site is the exclusive property of GiftÉlan.com and its Associates. You may not download (other than page caching), copy, modify, delete, augment, publish, transmit, participate in the transfer or sale or, create derivative works from, or in any way exploit for commercial or non-commercial purposes any of the Content or Protected Material, in whole or in part, without the express written consent of GiftÉlan.com, its Associates, or other copyright, service mark, or trademark holder. GiftÉlan.com’s Content or Protected Material may not be used in connection with any product or service that is not GiftÉlan.com’s or in any way likely (intentionally or unintentionally) to confuse customers or disparage or discredit GiftÉlan.com.

We are not responsible for injury caused by the use or misuse
of this web site or the information herein!

book shipping

 

Orders for the book Present Perfect: Unforgettable Gifts for Every Occasion will be shipped via Media Mail to addresses in the United States. Please allow two to three weeks from order date for books shipped Media Mail. Priority Mail shipping is available to addresses in the United States for an additional $4. Please allow one week from order date for books shipped Priority Mail. No estimates are given concerning the shipping time for books mailed to countries outside the United States.

 

GiftÉlan.com is not responsible for orders that are not received due to your inputting incorrect or incomplete delivery information.

Do not remove back cover—hazardous electrical shock might occur!

associates

Many of the gifts suggested on GiftÉlan.com are available through GiftÉlan.com’s Associates. (The only thing presently for sale directly from GiftÉlan.com is the book Present Perfect: Unforgettable Gifts for Every Occasion.)  When you click on a gift link, you will be redirected to a page with additional information or to the web site of an Associate from whom you can directly purchase the suggested gift. In most cases, the Associate’s web site will be opened in a new browser window.

GiftÉlan.com does not warrant or assume responsibility or liability (and shall be indemnified and held harmless by you) for the services, products and product descriptions, offers, offerings, pricing information or change in prices, business practices, actions, terms and conditions, shipping errors, claims, disputes, dissatisfaction, quality, fraud, damages, refunds, representations, restrictions, privacy or other policies, advice (gift related or otherwise), web site Content, operations, or any other issue of any Associate. In other words, if they mess up, it’s not our fault. If a product or service offered by an Associate is not as described or expected, your sole remedy is to contact the Affiliate that sold you the product or service and abide by their policies.

The Associates of GiftÉlan.com are subject to change. GiftÉlan.com makes no claim or guarantee that Associates and/or their offerings will remain the same or that a particular Associate and/or its products, services, or other offerings will be available at all times. GiftÉlan.com is not responsible for Associates that are no longer in business or that change their physical or Internet location(s). GiftÉlan.com does not guarantee the accuracy or viability of the Associate—or other—links featured on GiftÉlan.com.

Don’t feed the bears!

disclaimers and limitations of liability

 

GiftÉlan.com attempts to provide Content that is as accurate as possible. However, GiftÉlan.com does not warrant that the Content of its web site, its publications, or the web sites of its Associates is accurate, complete, reliable, current, or error-free. This web site is provided on an “as is” and “as available” basis. GiftÉlan.com makes no representations or warranties of any kind, expressed or implied, as to the operation and availability of this web site. GiftÉlan.com does not warrant that this web site, its servers, or e-mail sent from GiftÉlan.com (or the web sites, servers, and e-mail of its Associates) are free of viruses, errors, defects, or other harmful components.

 

Under no circumstances shall GiftÉlan.com or its Associates be liable for direct, indirect, incidental, punitive, special, consequential, or other damages that result from the use of or the inability to use GiftÉlan.com (or the web sites of its Associates) including, but not limited to delays in operation or transmission, deletion of files or e-mail, or any failure of performance, whether or not resulting from acts of God, power failures, communications failure, theft, destruction, or unauthorized access to GiftÉlan.com’s records, programs, or services.

 

In states that do not allow the exclusion or limitation of liability for consequential, incidental, or other damages, liability is limited to the fullest extent permitted by law.

 

To the full extent permissible by law, GiftÉlan.com disclaims all warranties, implied warranties, and fitness for a particular use or purpose of the information, gift suggestions, advice, products, services, or Associates represented on this web site or in the book Present Perfect: Unforgettable Gifts for Every Occasion. Under no circumstances shall GiftÉlan.com or be liable for any losses, claims, disputes, dissatisfaction, mental or emotional anguish, or other damage caused by your reliance on information obtained through GiftÉlan.com, its Associates, or its publications. It is your responsibility to evaluate the information, opinions, advice, or other Content available through GiftÉlan.com, its Associates, and its publications.

 

You expressly agree that your use of this web site is at your own risk.

Void where prohibited by law or otherwise restricted!

applicable law/disputes

 

For any dispute between you and GiftÉlan.com, jurisdiction shall be the State of Connecticut and the laws of the State of Connecticut shall apply in all cases. GiftÉlan.com may seek injunctive or other appropriate relief in any state or federal court in the State of Connecticut, or, at its sole discretion, submit disputes to confidential arbitration in the State of Connecticut.

 

Highly flammable—keep away from open flame!

use by minors

 

GiftÉlan.com offers suggestions for children’s gifts, but its products and services are only for use by adults. If you are under 18, you may use GiftÉlan.com only with the involvement of your parent or guardian.

 

Kids, don’t try this at home!

links to Giftélan.com

 

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to pages of GiftÉlan.com so long as the links do not portray GiftÉlan.com, its Associates, or their products or services in a false, misleading, derogatory, lewd, or otherwise offensive manner.

 

Hold hands and look both ways before crossing the street!

termination of use

GiftÉlan.com may terminate or suspend your access to all or part of GiftÉlan.com, without notice, for any conduct GiftÉlan.com, in its sole discretion, believes violates any law or is harmful to the interests of its Associates or itself.

If rash develops, discontinue use and seek medical attention!

web site modification and severability

 

GiftÉlan.com reserves the right to make changes to its web site, policies, and Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, said condition(s) shall be deemed severable and shall not affect the validity and enforceability of any remaining condition(s).

 

Caution: filling may be hot!

acknowledgement

This Agreement represents the entire understanding between you and GiftÉlan.com. By using the GiftÉlan.com web site, you agree to be bound by this Agreement and expressly agree that use of GiftÉlan.com is at your own risk.

If you do not wish to be bound by these conditions,
please exit this web site immediately!

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