COPYRIGHTS
& DISCLAIMER
Affordablebirthdaygifts.com
is an Internet-based online gifts and communication service (the "Agreement").
BY ACCESSING OR USING Affordablebirthdaygifts.com, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT
WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE Affordablebirthdaygifts.com.
Affordablebirthdaygifts.com MAY MODIFY THIS AGREEMENT AT ANY TIME,
AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING
OF THE ONLINE MODIFIED AGREEMENT OR RECEIPT OF SUCH NOTIFICATION.
BY ACCESSING THIS SITE YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY
TO ENSURE THAT YOU ARE ON NOTICE OF ANY MODIFICATIONS TO IT. YOUR
CONTINUED ACCESS OR USE OF Affordablebirthdaygifts.com SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. 1.
1. DISCLAIMER The information contained in Affordablebirthdaygifts.com
is presented soley for the purpose of offering an consumers a secondary
place to purchse gifts. Affordablebirthdaygifts.com SOFTWARE AND INFORMATION
ACCESSED through Affordablebirthdaygifts.com (the "SERVICES")
ARE provided "AS IS" without warranty, express or implied.
Affordablebirthdaygifts.com hereby excludes all implied warranties
of merchantability for a particular use or purpose with respect to
the SERVICES. There are no warranties which extend beyond the description
on the face OF THIS AGREEMENT. Affordablebirthdaygifts.com and Information
Providers make no warranty as to the reliability, accuracy, timeliness,
usefulness, adequacy, completeness or suitability of the Services.
Affordablebirthdaygifts.com and Information Providers cannot and do
not warrant against human and machine errors, omissions, delays, interruptions
or losses, including loss of data. Affordablebirthdaygifts.com and
Information Providers cannot and do not guarantee or warrant that
files available for downloading from this online site will be free
of infection by any destructive force including or not limited to
viruses, worms, Trojan horses or any other code that manifest contaminating
or destructive properties. Affordablebirthdaygifts.com and Information
Providers do not warrant or guarantee that the functions or Services
performed in Affordablebirthdaygifts.com will be uninterrupted or
error-free or that defects in Affordablebirthdaygifts.com will be
corrected. Users of Affordablebirthdaygifts.com are responsible for
(1) implementing and maintaining adequate procedures and checkpoints
to satisfy their particular requirements for accuracy of data input
and output and (2) maintaining a means external to Affordablebirthdaygifts.com
for the reconstruction of any lost data.
2. OTHER SITES
You are encouraged to use discretion while browsing the Internet on
searches initiated at Affordablebirthdaygifts.com. Affordablebirthdaygifts.com
links may lead unintentionally to sites containing information that
some people may find inappropriate or offensive. It may also lead
to sites which contain inaccurate information, false or misleading
advertising, or information which violates copyright, libel or defamation
laws. Affordablebirthdaygifts.com and Information Providers make no
representations concerning any effort to review all of the content
of sites listed in its catalog.
3. REVIEW OF POSTINGS
& UPLOADS Affordablebirthdaygifts.com does not and cannot review
all communications and materials posted or uploaded to Affordablebirthdaygifts.com
and is not responsible for the content of these communications and
materials. However, Affordablebirthdaygifts.com reserves the right
to block or remove communications or materials that it determines,
in its sole discretion, to be (a) abusive, libelous, defamatory or
obscene, (b) fraudulent, deceptive, or misleading, (c) in violation
of a copyright or trademark, other intellectual property right of
another or (d) offensive or otherwise unacceptable to Affordablebirthdaygifts.com.
ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY
DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR
INSTRUCTION.
4. LIMITED LICENSE
By this Agreement, Affordablebirthdaygifts.com grants, subject to
the terms of this Agreement, only a limited, non-transferable and
non-exclusive license to use the software and documentation necessary
to access, explore and otherwise use Affordablebirthdaygifts.com in
real time and to use the materials in Affordablebirthdaygifts.com
in a manner consistent with paragraph 11 (Copyright) below.
5. USER'S AGREEMENT
You are agreeing to: (a) maintain all equipment required for your
access to and use of Affordablebirthdaygifts.com ; (b) maintain the
security of your user identification, password and other confidential
information relating to your Affordablebirthdaygifts.com account;
and (c) be responsible for all charges resulting from use of your
Affordablebirthdaygifts.com account, including unauthorized use prior
to your notifying Affordablebirthdaygifts.com of such use and taking
steps to prevent its further occurrence by changing your password.
6. ON-LINE COMMUNICATIONS
6.01 Your participation in on-line communications occurs in real time
and is neither edited or censored nor otherwise controlled by Affordablebirthdaygifts.com.
Affordablebirthdaygifts.com cannot and does not screen content provided
by you to Affordablebirthdaygifts.com . Notwithstanding the foregoing,
Affordablebirthdaygifts.com reserves the right to monitor content
on Affordablebirthdaygifts.com and to remove content, which Affordablebirthdaygifts.com,
in its sole discretion, determines to be harmful, offensive, or otherwise
in violation of this Agreement or Affordablebirthdaygifts.com's operating
policies for users of Affordablebirthdaygifts.com ("Users").
6.02 You may send and receive electronic mail ("email"),
engage in conferences and chats, download and upload files and otherwise
use Affordablebirthdaygifts.com as permitted by this Agreement, Affordablebirthdaygifts.com's
operating policies and applicable law. Files that you upload, public
messages that you send and your activity in conferences and chats
are subject to review, modification and deletion without notice by
the forum manager responsible for the Affordablebirthdaygifts.com
area where your uploading or other activity takes place (or by an
individual designated by such forum manager for such purpose). Affordablebirthdaygifts.com's
operating policies relating to online conduct, storage and deletion
of email and uploaded files, conferences, bulletin boards ("BBSs")
and other matters are available and/or will be made available online.
Affordablebirthdaygifts.com reserves the right in its sole discretion
to change such policies at any time. Files uploaded to a BBS may be
subject to posted limitations on usage, reproduction and/or dissemination,
and you are soley responsible for adhering to such limitations if
you download them. 6.03 You are solely responsible for your communications
and your use of Affordablebirthdaygifts.com. You shall not, under
any circumstances, do any of the following: (a) use simultaneous,
unattended or continuous connections to Affordablebirthdaygifts.com
with one account; (b) post or transmit any message which is libelous
or defamatory; (c) post or transmit any message, data, image or program
which is indecent, obscene or pornographic; (d) post or transmit any
message, data, image or program that would violate the property rights
of others, including unauthorized copyrighted text, images or programs,
trade secrets or other confidential proprietary information, and trademarks
or service marks used in an infringing fashion; (e) use Affordablebirthdaygifts.com
to threaten, harass, stalk, abuse, or otherwise violate the legal
rights (including, but limited to, rights of privacy and publicity)
of others; (f) intercept or attempt to intercept email or other private
communications not intended for you; (g) send email to Users or other
Internet users for any purpose other than personal communication.
Such precluded uses include, but ar not limited to advertising or
offering to sell sell goods or services to other Users which are unsolicited,
use as a mass unsolicited distribution medium to communicate a generally
unsolicited message, or use your email account as an address to which
Users or other Internet users need to respond (except as otherwise
expressly permitted by Affordablebirthdaygifts.com); (h) send unsolicited
email messages through third-party mail servers in order to relay
your email or hide the origination of your email to others; (i) upload
or download files that contain software or other material protected
by intellectual property laws, rights of privacy or publicity, or
any other applicable law unless you own or control the rights to such
files or have received all necessary consents; (j) upload files that
contain a virus or corrupted data; (k) delete any author attributions,
legal notices or proprietary designations or labels in a file that
you upload to a BBS or Affordablebirthdaygifts.com; (l) falsify the
source or origin of software or other material contained in a file
that you upload to a BBS or Affordablebirthdaygifts.com; (m) use Affordablebirthdaygifts.com
in a manner that adversely affects the availability of its resources
to other Users; (n) use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity that is not a subscriber to
Affordablebirthdaygifts.com the User directory or any portion thereof
other than for personal, noncommercial purposes; (o) falsely purport
to be an employee or agent of Affordablebirthdaygifts.com (p) cause
repeated disruptive incidents; or (q) act, or fail to act, in your
use of Affordablebirthdaygifts.com, in a manner that is contrary to
applicable state or federal laws or regulations. In addition, you
may not post or transmit any message which is harmful, threatening,
abusive or hateful. It is not the intent of Affordablebirthdaygifts.com
to discourage Users from taking controversial positions or expressing
vigorously what may be unpopular views in Affordablebirthdaygifts.com.
Nonetheless, Affordablebirthdaygifts.com reserves the right to use
its best efforts to take such action as it deems appropriate in cases
where Affordablebirthdaygifts.com is used to disseminate statements
which it deems to be offensive and/or harmful. Each time you upload
a file on Affordablebirthdaygifts.com, you represent and warrant that
you own or otherwise control the rights or have the necessary consents
to do so, and you grant every other User the right to download and
use such file. Your failure to observe any of the foregoing limitations
or obligations may result in civil and/or criminal liability.
7. USE OF USER
INFORMATION 7.01 Affordablebirthdaygifts.com respects the privacy
of Users. The name, address and other information that you provide
when you use the services of or subscribe to Affordablebirthdaygifts.com
and information regarding the manner in which you use Affordablebirthdaygifts.com
and/or the Internet will not be processed or disclosed by Affordablebirthdaygifts.com
except as permitted by this Agreement or as required or allowed by
applicable state or federal law or legal process. 7.02 You agree that
Affordablebirthdaygifts.com may share with other parties both Aggregate
Information and limited Individual Information gathered during your
use of Affordablebirthdaygifts.com and/or the Internet. "Aggregate
Information" is information that describes the habits, usage
patterns and/or demographics of Users as a group but does not indicate
the identity of particular Users. "Individual Information"
is information about a User presented in a form distinguishable from
information relating to other Users but not in a form that enables
the recipient to personally identify any User. You also agree that
Locator Information about you may be gathered, processed or used under
this Section 7. "Locator Information" consists of a User's
name, email address, physical address, and/or other data that enables
the recipient to personally identify the User. 7.03 You agree that
Locator Information for you may be gathered, processed or used in
the following instances: (1) if you use Affordablebirthdaygifts.com
to purchase or otherwise obtain physical goods or services not delivered
by means of electronic transmission during a Affordablebirthdaygifts.com
session, the company that sells or provides such physical goods or
services (the "Merchant") will obtain Locator Information;
(2) if you use Affordablebirthdaygifts.com to purchase or otherwise
obtain digital delivery of or access to specific content, goods or
services specifically delivered or made accessible to you by means
of electronic transmission during a Affordablebirthdaygifts.com session,
the company providing such content, goods or services (the "Content
Provider," or "CP") may obtain Locator Information;
(3) if you obtain dial-up access to Affordablebirthdaygifts.com from
a third party independent internet access providers (an "IAP"),
Locator Information relating to you may be obtained by the IAP; and
(4) Affordablebirthdaygifts.com and your IAP may use Locator Information
as is necessary for enforcement of any of the terms of this Agreement.
7.04 Some of the Locator Information that you provide during the Affordablebirthdaygifts.com
sign-up or subscription process or when you fill in a Affordablebirthdaygifts.com
User properties section will be used to create an entry in your name
in the Affordablebirthdaygifts.com User directory. 7.05 Although Locator
Information will not be disclosed directly to a third party except
as described in this Agreement, Affordablebirthdaygifts.com may use
Locator Information to forward special offers or communications from
selected companies to Affordablebirthdaygifts.com Users via Affordablebirthdaygifts.com.
7.06 Affordablebirthdaygifts.com may, in its complete and sole discretion,
review uploaded files, conferences, BBSs, forums, and chats and authorize
restrictions on access thereto. Affordablebirthdaygifts.com will not
review the contents of email except as required or allowed by applicable
law or legal process. 7.07 In order to protect the privacy of your
Locator Information, Affordablebirthdaygifts.com maintains its User
account information in a secured database. 7.08 An individual site
may place a text file called a "cookie" in the browser files
of your computer. Cookies are pieces of information that a website
transfers to an individual's hard disk for record keeping purposes.
The cookie itself does not contain Locator Information although it
will enable Affordablebirthdaygifts.com to relate your use of the
site to information that you have specifically and knowingly provided
to the site. 7.09 Some sections of Affordablebirthdaygifts.com may
be designed specifically for use by children under the age of 16 and
Locator Information may be requested in those sections. In such cases
children will be notified that they must obtain permission from their
parents prior to providing such information. Parents and those permitting
minors to use their Affordablebirthdaygifts.com account must be aware
that Affordablebirthdaygifts.com's policies concerning privacy and
the use of User information govern Empower Health Corporation's use
of Locator Information given by children, but any information voluntarily
given by children in chat sessions, email exchanges, BBSs, forums,
etc. may be used by third parties to generate unsolicited mail or
other contact with children without the control or knowledge of Affordablebirthdaygifts.com.
7.10 Although you may change, modify or add to certain of your Locator
Information online as described above, Affordablebirthdaygifts.com
does not make online requests for your password, or unsolicited requests
for your credit card or debit card numbers or other Locator Information.
Affordablebirthdaygifts.com encourages you to use caution when giving
out any personally identifiable information about yourself or your
children online. Affordablebirthdaygifts.com encourages all parents
to instruct their children in the safe and responsible use of their
Locator Information while using Affordablebirthdaygifts.com and the
Internet. Such Locator Information sent over the Internet cannot be
tracked or retrieved by Affordablebirthdaygifts.com. 7.11 If at any
time you believe that Affordablebirthdaygifts.com has not adhered
to these policies concerning privacy and use of User information or
if you have questions about these policies, please notify Affordablebirthdaygifts.com
as provided in the Notice provision below and Affordablebirthdaygifts.com
will use all commercially reasonable efforts to promptly determine
and correct the problem. 7.12 It is Affordablebirthdaygifts.com's
policy to comply with all applicable state or federal laws and regulations,
as they may be modified from time to time. In the event any provision
of any of this Agreement may be in conflict with any applicable law
or regulation, the applicable state or federal law or regulation will
supersede the conflicting provision.
8. Affordablebirthdaygifts.com
reserves complete and sole discretion with respect to the operation
of online communities.. Affordablebirthdaygifts.com may, among other
things: (a) delete email if it has not been accessed by a User within
the time established by Affordablebirthdaygifts.com's policies; (b)
subject to Section 6, make available to third parties information
relating to Affordablebirthdaygifts.com and Users; and (c) withdraw,
suspend or discontinue any functionality or feature of Affordablebirthdaygifts.com.
9. USER REPRESENTATIONS
You, the user, represent and warrant that you are at least 18 years
of age and that you possess the legal rights and ability to enter
into this Agreement and to use Affordablebirthdaygifts.com in accordance
with this Agreement. You agree to be financially responsible for your
use of Affordablebirthdaygifts.com (as well as for use of your account
by others, including minors living with you) and to comply with your
responsibilities and obligations as stated in this Agreement.
10. CONTENT Statements
made in websites, newsgroups, message boards, email, forums, conferences
and chats reflect only the views of their authors and their views
do not necessarily reflect those of Affordablebirthdaygifts.com. Forum
managers, forum hosts, CPs, or Merchants appearing on Affordablebirthdaygifts.com
are not authorized to be spokespersons for Affordablebirthdaygifts.com,
and their views do not necessarily reflect those of Affordablebirthdaygifts.com.
11. COPYRIGHT
The entire contents of Affordablebirthdaygifts.com are copyrighted
as a collective work under the laws of United States and other copyright
laws. Affordablebirthdaygifts.com holds the copyright in the collective
work. The collective work includes works which are the property of
the Information Providers which are also protected by copyright and
other intellectual property laws. You may display and, subject to
any expressly stated restrictions or limitations relating to specific
material, download portions of the material from the different areas
of Affordablebirthdaygifts.com solely for your own non-commercial
use, unless otherwise permitted (e.g., in the case of electronic coupons,
etc). Any redistribution retransmission or publication of any copyrighted
material is strictly prohibited without the express written consent
of the copyright owner. You agree not to change or delete any proprietary
notices from materials downloaded from Affordablebirthdaygifts.com.
12. Affordablebirthdaygifts.com
LOGO 12.01. Except as Affordablebirthdaygifts.com may authorize, non-Affordablebirthdaygifts.com
and Affordablebirthdaygifts.com Web site providers ("Other Web
sites") may use only the designatedlogo provided on our site("Logo").
By downloading the Logo, you agree to be bound by this Agreement.
12.02. Other Websites must use the Logo only on their websites and
not in any other manner. The Logo must always be an active link to
Affordablebirthdaygifts.com's Homepage at http://www.Affordablebirthdaygifts.com.12.03.
Other Web sites shall not remove or alter this or any other element
of the Logo. 12.04. The Logo must be used only on web pages that make
accurate references to Affordablebirthdaygifts.com, Affordablebirthdaygifts.com
or its products or services and must be displayed adjacent to the
reference or at the bottom of the same page. Other Web sites' web
page title and other trademarks and logos must appear at least as
prominently as the Logo. Other Websites shall not display the Logo
in any manner that implies sponsorship, endorsement, or license by
Affordablebirthdaygifts.com or Affordablebirthdaygifts.com. 12.05.
Logo must appear by itself, with a minimum spacing in the amount of
the height of the Logo between each side of the Logo and other graphic
or textual elements on other Website pages. The Logo shall not be
used as a feature or design element of any other logo. 12.06. Other
Web sites may not alter the Logo in any manner, including size, proportions,
colors, elements, etc., or animate, morph or otherwise distort the
Logos perspective or two-dimensional appearance. 12.07 Other Web sites
that feature the Logo shall not contain disparaging remarks about
Affordablebirthdaygifts.com or its products or services, infringe
any Affordablebirthdaygifts.com intellectual property or other rights,
or violate any state, federal or international law. 12.08 This Agreement
does not grant a license or any other right in Affordablebirthdaygifts.com's
logos or trademarks other than as set forth herein. Affordablebirthdaygifts.com
reserves the right in its sole discretion to terminate or modify permission
to use the Logo at any time. Affordablebirthdaygifts.com reserves
the right to take action against any use that does not conform to
this Agreement, infringes any Affordablebirthdaygifts.com intellectual
property or other right, or violates other applicable law. 12.09 Affordablebirthdaygifts.com
DISCLAIMERS ANY WARRANTIES THAT MAY BE EXPRESS OR IMPLIED BY LAW REGARDING
THE LOGO, INCLUDING WARRANTIES AGAINST INFRINGEMENT.
13. LICENSES AND
IDEA SUBMISSIONS You agree to grant to Affordablebirthdaygifts.com
a non-exclusive, worldwide, royalty-free, perpetual license, with
the right to sublicense, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained
therein for new or improved products or services) you submit to public
areas of Affordablebirthdaygifts.com (such as BBSs, forums and chat
rooms) by all means and in any media now known or hereafter developed.
You hereby waive your moral rights in any such materials and information,
and you hereby warrant that any such materials and information are
original with you, or that you have the right to submit such materials
and information. You agree that you shall have no recourse against
Affordablebirthdaygifts.com for any alleged or actual infringement
or misappropriation of any proprietary right in your communication
to us.
14. INDEMNIFICATION
YOU, THE USER, AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Affordablebirthdaygifts.com,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
AND SUPPLIERS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES
AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY
VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT
(INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF THIRD PARTIES' WORLDWIDE
INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY
YOU OR ANY OTHER PERSON ACCESSING Affordablebirthdaygifts.com USING
YOUR SERVICE ACCOUNT.
15. WAIVER, RELEASE
AND LIMITATION OF LIABILITY YOU AGREE THAT NEITHER Affordablebirthdaygifts.com,
NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY
OR INDEMNITY IN CONNECTION WITH YOUR USE OF Affordablebirthdaygifts.com.
YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE
AGAINST Affordablebirthdaygifts.com, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED
TO CLAIMS BASED UPON THE NEGLIGENCE OF EMPOWER HEALTH CORPORATION,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH
YOUR USE OF Affordablebirthdaygifts.com. NOTWITHSTANDING THE FOREGOING
PARAGRAPH, THE TOTAL LIABILITY OF Affordablebirthdaygifts.com, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND
SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES
PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.
IN NO EVENT SHALL EMPOWER HEALTH CORPORATION, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO
YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.
ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS
OF MDCHOICE ARE HEREBY EXCLUDED EVEN IF Affordablebirthdaygifts.com
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS
OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. THIRD PARTY
RIGHTS The provisions of paragraphs 14 (Indemnification) and 15 (Waiver,
Release and Limitation of Liability) are for the benefit Affordablebirthdaygifts.com
and its officers, directors, employees, agents, licensors, suppliers,
and Information Providers. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly against
you on its own behalf.
17. TERMINATION
Either you or Affordablebirthdaygifts.com may terminate your right
to use Affordablebirthdaygifts.com at any time, with or without cause,
upon notice as defined below. Affordablebirthdaygifts.com also reserves
the right to terminate or suspend your Affordablebirthdaygifts.com
membership without prior notice, but Affordablebirthdaygifts.com will
confirm such termination or suspension by subsequent notice as defined
below. The provisions of paragraphs 11 (Copyright), 12 (License, and
Idea Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation
of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall
survive any termination of this Agreement.
18. MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with
the laws of the State of North Carolina. You agree that any legal
action or proceeding between Affordablebirthdaygifts.com and you for
any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a court of competent jurisdiction
sitting in the city of Greenville, Pit County, North Carolina, United
States. Any cause of action or claim you may have with respect to
Affordablebirthdaygifts.com must be commenced within one (1) year
after the claim or cause of action arises. Affordablebirthdaygifts.com's
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. Affordablebirthdaygifts.com
has the right to assign its rights and duties under this Agreement
to any party at any time without notice to you.
19. NOTICE Affordablebirthdaygifts.com
may deliver notice to you under this Agreement by means of electronic
mail, a general notice on Affordablebirthdaygifts.com , or by written
communication delivered by first class U. S. mail to your address
on record in Affordablebirthdaygifts.com's account information. You
may give notice to Affordablebirthdaygifts.com at any time via electronic
mail to Affordablebirthdaygifts.com or by letter delivered by first
class postage prepaid U. S. mail or overnight courier to the following
address: Affordablebirthdaygifts.com 2992 Portertown rd Greenville,
NC 27858 Attn: Chief Executive Officer/President Electronic Mail:
admin@Affordablebirthdaygifts.com
20. SEVERABILITY
The provisions of this Agreement are severable, and in the event any
provision hereof is determined to be invalid or unenforceable, such
invalidity or unenforceability shall not in any way affect the validity
or enforceability of the remaining provisions hereof.
Copyright ©
2002 Affordablebirthdaygifts Disclaimer:Affordablebirthdaygifts.com
The information is provided without any expressed or implied warranty
and Affordablebirthdaygifts.com. is not liable for any mistakes,
errors or omissions.1-252-355-8016
