Terms & Conditions of Payment
The following rules ("Terms and Conditions") govern the
use of each of the websites located at, or linked to, the URL www.InGenerosity.com and the use of any website that we maintain with one or more of our
vendors (which website contains a link to these Terms and Conditions)
and the services that may be offered on each of the sites; our account
modification and gift selection services, our email advisory services,
the ability to order products and related links (collectively, our "Sites").
Please read the following Terms and Conditions carefully.
By using
any one of our Sites, you understand and expressly agree to be legally
bound by these Terms and Conditions and our Privacy
Policy and to follow these Terms and Conditions and all applicable
laws and regulations governing our Sites. The Terms and Conditions
shall supersede any subsequent terms or conditions included with
any purchase order, whether or not such terms or conditions are signed
by Web TWO LP. ("Web TWO L.P.," "we" or "us").
We reserve the right to change these Terms and Conditions at any
time, effective immediately upon posting on our Sites. If you violate
these Terms and Conditions, we may terminate your use of the Sites,
bar you from future use of the Sites, and/or take appropriate legal
action against you.
Copyrights and Trademarks of Web TWO, L.P.
Each of our Sites is owned and operated by us. Unless otherwise
specified, all materials appearing on our Sites, including the text,
site design, graphics, logos, icons and images, as well as the selection,
assembly and arrangement thereof, are the sole property of Web TWO
L.P., © 2005-2007, ALL RIGHTS RESERVED. All audio and video
clips are the sole property of Web TWO L.P. or our respective vendors
or affiliated entities. The content and software on our Sites is
the property of Web TWO L.P. and/or its vendors and is protected
by U.S. and international copyright laws. You may view, download,
print and retain a copy of pages of any of our Sites only for your
own personal use. Except as expressly provided above, you may not
use, download, upload, copy, print, display, perform, reproduce,
republish, license, post, transmit or distribute any information
from any of our Sites in whole or in part without our prior written
permission. If you wish to obtain permission to reprint or reproduce
any materials appearing on any one of our Sites you may contact us
through InGenerosity.com. All rights not expressly granted herein
are reserved.
We post legal notices and various credits on pages of each of
our Sites. If you duplicate, publish or otherwise distribute material
on any of our Sites, you may not remove these notices or credits
or any additional information accompanying such notices and credits.
We post legal notices and various credits on pages of each of our
Sites. If you duplicate, publish or otherwise distribute material
on any of our Sites, you may not remove these notices or credits
or any additional information accompanying such notices and credits.
The following is a list of trademarks, trade names and service marks
owned, claimed, or applied for, by Web TWO L.P.:
InGenerosity; InGenorocity.com; InGenerosity; InGenerosity.com;
Just What They Wanted . . . Delivered On Time.
The absence of a trademark, trade name or service mark from the
above list does not constitute a waiver of our intellectual property
rights concerning that trademark, trade name or service mark. All
custom graphics, icons, logos and words listed above are trade names,
trademarks or service marks of Web TWO L.P. All other trade names,
trademarks or service marks are property of their respective owners.
The use of any of our trade names, trademarks or service marks without
our express written consent is strictly prohibited. In order to maintain
the value of these marks, it is important that they are used correctly.
If you have any questions, you may contact us at InGenerosity.com.
Permitted Use
You agree that you are only authorized to visit, view and to retain
a copy of pages of the Sites for your own personal use, and that
you shall not duplicate, download, publish, modify or otherwise distribute
the material on the Sites for any purpose other than for personal
use, unless otherwise specifically authorized by us to do so. You
also agree not to deep-link to the site for any purpose, unless specifically
authorized by us to do so. The content and software on the Sites
are the property of Web TWO L.P. and is protected by U.S. and international
copyright laws.
Copyright Policy
We may terminate the privileges of any user who uses the Sites unlawfully
to transmit copyrighted material without a license, express consent,
valid defense or fair use exemption to do so. If you submit information
to the Sites, you warrant that the information does not infringe
the copyrights or other rights of third parties.
Representations by You
By visiting any of the Sites, you represent, warrant and covenant
that (a) you are at least 18 years old; (b) that you are a resident
of the United States; and (c) that all materials of any kind submitted
by you through the Sites or for inclusion on the Sites will not plagiarize,
violate or infringe upon the rights of any third-party including
trade secret, copyright, trademark, trade dress, privacy, patent,
or other personal or proprietary rights.
Accounts
During the registration process you will be asked to select a unique
password for access to certain portions of the Sites. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under the
password. By logging into the Sites, you represent and warrant that:
(i) you are the customer who registered for the services; (ii) that
you are using the services only for permitted purposes; (iii) you
are not a competitor of Web TWO L.P., or agent thereof; (iv) you
will immediately notify us of any unauthorized use of the password
or account or any other breach of security; and (v) you will ensure
that you exit from your account at the end of each session. Please
notify us at InGenerosity.com of any potential unauthorized use(s)
of your account, or breach of security.
You also represent and warrant that: (i) you will not select or
utilize a user name of another person with intent to impersonate
that person; (ii) you will not select or utilize a user name in which
another person has rights, if you do not have that person's authorization
to use such name; and (iii) you will not select or utilize a user
name that Web TWO L.P. in its sole discretion deems offensive.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect
information due to typographical error or error in pricing or product
information received from our vendors, we shall have the right to
correct or cancel any such incorrect price. We shall have the right
to refuse or cancel any such orders whether or not the order has
been confirmed and your credit card charged. If your credit card
has already been charged for the purchase and your order is canceled,
we shall immediately issue a credit to your credit card account in
the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation
does not signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. We reserve the right at any time
after receipt of your order to accept or decline your order for any
reason. We reserve the right at any time after receipt of your order,
without prior notice to you, to supply less than the quantity you
ordered of any item. We may require additional verifications or information
before accepting any order.
Termination
We reserve the right at any time to cancel your subscription for
any reason.
Sales Taxes
We shall automatically charge and pass through to the fulfilling
vendor the applicable sales tax for orders to be delivered to addresses
within states where said vendor has established nexus.
At present, all vendors are located in Texas, but that is subject
to change at any time.
Each customer shall be solely responsible for all sales taxes, or
other taxes, on orders shipped to any other state.
Specials, Promotions and Sweepstakes/Contests
Please read the official rules that accompany each special offer,
coupon, discount, contest and sweepstakes that we may offer or conduct.
Links and Search Results
Each of our Sites may link to other sites operated by third parties.
We have no control over other sites or their content and cannot guarantee,
represent or warrant that the content of these sites is accurate,
legal and/or inoffensive. We do not endorse the content of other
sites, and cannot warrant that these sites do not contain viruses
or other features that may adversely affect your computer. By using
any one of our Sites to search for or link to another third party
site, you agree and understand that you may not make any claim against
us for any damages or losses resulting from your use of our Site
to obtain search results and/or to link to a third party site. However,
if you have a problem with a link from any one of our Sites, please
notify us at InGenerosity.com. We will investigate the link and take
appropriate action.
Violation of the Terms and Conditions
By using any one of our Sites, you understand and agree that we,
at our sole discretion and without prior notice, may terminate your
access to one or more of our Sites and to any services offered on
our Sites, and may remove any content on any of our Sites you have
provided ("User Content") if we believe that the User Content
violates or is inconsistent with these Terms and Conditions or their
intent, that your conduct is disruptive, or you have violated the
law or the rights of Web TWO L.P. or another user.
License Granted by You
By providing User Content to us, which includes submitting or uploading
content or materials for use on the Sites, you represent and warrant
that you or the owner of all rights to such content or materials
has expressly granted us an irrevocable worldwide right in all languages
and in perpetuity to use and exploit all or any part of the content
and materials provided by you. We may publish and distribute any
such submitted content or materials at our sole discretion by any
method now existing or later developed. You agree that you shall
waive all claims and have no recourse against us for any alleged
or actual infringement or misappropriation of any proprietary rights
in any communication, content or material submitted to us. Any communication
or materials you send to us will be treated as non-confidential and
non-proprietary and may be disseminated or used by us for any purpose,
including, but not limited to, developing, creating, manufacturing
or marketing products or services.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances
and regulations regarding your use of our Sites and your purchase
of products or services through our Sites. We may, in our sole discretion,
report actual or perceived violations of law to law enforcement or
appropriate authorities. If we become aware, through a complaint
or otherwise, of any potential or suspected violation of these Terms
and Conditions or our privacy policy ("Privacy Policy"),
we may (but are not obligated to) conduct an investigation to determine
the nature and extent of the suspected violation and the appropriate
enforcement action, during which investigation we may suspend services
to any customer being investigated and/or remove any material from
our servers. You agree to cooperate fully with any such investigation.
You acknowledge that violations of the Terms and Conditions or the
Privacy Policy could be subject to criminal or civil penalties.
Export
The United States export control laws regulate the export and re-export
of technology originating in the United States. This includes the
electronic transmission of information and software to foreign countries
and to certain foreign nationals. You agree to abide by these laws
and their regulations.
Privacy
We respect and make efforts to protect the privacy of all users
of our Sites. Our current Privacy Policy available at InGenerosity.com
is incorporated herein by reference and made a part of the Terms
and Conditions.
DMCA Policy
If you are notifying Web TWO L.P. of alleged copyright infringement,
please be sure to provide the following information in the form
required by 17 USC Section 512:
- A description of the copyrighted
work that you allege is being infringed, or, if multiple copyrighted
covered by a single notification, a representative
list of such works;
- A description of the allegedly infringing material and
information sufficient to permit us to locate the material;
- Information
reasonably sufficient to permit us to contact you, such as an
address, telephone number, and/or an electronic
mail address;
- A statement by you that you have a good faith
belief that use of the material in the manner complained of is
not authorized
by the copyright
owner, or
its agent, or the law; and
- A statement by you that the information
in the notification is accurate and that you have the authority
to enforce the copyrights
that are
claimed to be infringed.
Designated Agent for Notification of Claimed Copyright Infringement
Marc Dietz, Outside Counsel for Web TWO, L.P.
www.lawdietz.com
Feedback
We welcome all comments, feedback, information, or materials
("Feedback"), which you submit to us by email or otherwise through
or in conjunction with any one of our Sites. Please note that Feedback
shall be considered non-confidential and become the property of
Web TWO L.P. By submitting Feedback to us, you agree to a no charge
assignment to us of all right, title and interest in copyrights
and other intellectual property rights on a worldwide basis to
the Feedback. We shall be free to use Feedback on an unrestricted
basis.
Restrictions
You must be 18 years or older and have a valid credit card, with
full authority to use it, to submit an order through any of our
Sites. You agree not to use any of our Sites or any content contained
in it for any illegal or inappropriate activities.
Shipping and Delivery
Web TWO L.P., in conjunction with our service providers, will
attempt to deliver a product on the requested day. Our service
providers do not telephone prior to delivering packages, and we
cannot guarantee the time of delivery.
Web TWO L.P. is not responsible for:
- Gifts delivered to incorrect addresses supplied by the
sender.
- Unsuccessful deliveries arising from the recipient not
being present at time of delivery at the address supplied by
the sender.
- Decreased product quality due to an incorrect delivery
address supplied by the sender, or a re-route requested by the
sender.
- Product quality problems caused by improper handling
by the recipient.
Orders and Refund Policy
Web TWO L.P. does not allow orders to change once the time specified
on the email indicating a gift is to be sent has expired. This is
typically two days after the email is sent.
All sales are final, but may be considered on a case-by-case basis.
Refunds for store credit are considered on the basis of the product
and the policies of the individual vendor.
Special offers, coupons, or discounts cannot be used in conjunction
with other offers. Limit one promotion per order.
Guarantee and Disclaimers
ALTHOUGH WEB TWO L.P. SELECTS ONLY VENDORS THAT IT DEEMS TO BE OF
HIGH QUALITY, WE CAN NOT GUARANTEES THE QUALITY OF THEIR DELIVERED
PRODUCTS.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION
AVAILABLE, THE DIRECTORIES AND INFORMATION ON OUR SITES MAY BE OUT
OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITES
AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS
AVAILABLE." WE DO NOT PROMISE THAT OUR SITES OR ANY SERVICES
OFFERED ON OUR SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT
THE USE OF OUR SITES OR ANY CONTENT, SEARCH OR LINK ON THEM WILL
PROVIDE ANY SPECIFIC RESULTS.
EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS,
GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT
TO PRODUCTS SOLD ON OUR SITES, OUR SITES AND OUR SITES' USE, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
IN ANY CASE, OUR SOLE MAXIMUM LIABILITY WILL NOT BE MORE THAN TO
REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT
ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE. THE APPLICABLE
GUARANTEE MUST BE BROUGHT WITHIN THIRTY (30) DAYS AFTER DELIVERY
OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED
CLAIMS REGARDING SUCH PRODUCT ITEMS.
Some jurisdictions do not allow the exclusion of implied warranties,
so the above exclusion may not apply to you. You may have other rights
which vary from jurisdiction to jurisdiction.
Limitation of Liability
YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, WEB TWO LP,
ITS PARTNERS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL
NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION,
CONTENT OR USE OF OUR SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY
IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING
WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS,
REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR
ACCESS TO, AND USE OF, OUR SITES OR ANY OTHER HYPER-LINKED THIRD
PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF,
THE POSSIBILITY OF SUCH DAMAGES.
Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages,
the above limitation may not apply to you.
Advertising
The Sites may contain advertisements and/or sponsorships. The
advertisers and/or sponsors that provide these advertisements and
sponsorships are solely responsible for insuring that the materials
submitted for inclusion on the Site are accurate and comply with
all applicable laws. We are not responsible for the acts or omissions
of any advertiser or sponsor.
Applicable Law
You agree that any legal action brought against us shall be governed
by the laws of the State of Texas, without regard to conflict of
law principles. You agree that the sole jurisdiction and venue
for any litigation arising from your use of or orders made on any
one of our Sites shall be an appropriate federal or state court
located in Williamson County, Texas. We make no representations
that the content in our Sites is appropriate for access outside
the United States. Those who choose to access any one of our Sites
from outside the United States do so on their own initiative and
are responsible for compliance with local laws. If any provision
within the Terms and Conditions is held to be invalid or unenforceable,
such provision shall be struck and all remaining provisions shall
be enforced.
Indemnity
By using any one of our Sites, you agree to indemnify and hold
Web TWO L.P. , its partners, affiliates, officers, agents and other
partners and employees, harmless from any loss, liability, claim
or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of such Site, including
providing a link to another site or uploading any content to such
Site.
Severability
If any provision of the Terms and Conditions is held to be invalid,
void or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect.
Headings
Section titles in the Terms and Conditions are for convenience
and do not define, limit, or extend any provision of the Terms
and Conditions.
How to Contact Us
If you have any comments or questions, please do not hesitate
to contact us at InGenerosity.com.
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