Terms of Service
Welcome to The Days of Gifts. The Days of Gifts Website and services are provided by The Days of Gifts, LLC (“TheDaysofGifts.com”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of The Days of Gifts web site (the “Website”) and all services provided by The Days of Gifts via the Website including without limitation our product and gift service (collectively, the “Services”).
Acceptance of Terms
By using our Website or purchasing our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit.
Scope of Service
The Days of Gifts maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. Use of the Website is limited to individuals who are over 18 years of age, and we reserve the right to require verification of age prior to the acceptance of any orders from you.
The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
- The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
- The Content may not be modified.
- Copyright, trademark, and other proprietary notices may not be removed.
We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of The Days of Gifts. You are solely responsible for ensuring that any Content which you submit to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity, and you shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
Registration and Membership; Product Sales
As a registered user of The Days of Gifts, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Billing and Payment
The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover. We reserve the right to add or delete specific credit card payment options from time to time, at our discretion. You will be charged upon ordering your gifting service.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant The Days of Gifts the right to store and process your information with the third party payment service, and you agree that The Days of Gifts will not be responsible for any failures any such third party payment service to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current versions is located here: https://www.braintreepayments.com/legal/payment-services-agreement.
You acknowledge that we may change the third party payment service from time to time, at our discretion, and transfer your information to another service provider that encrypts your information using secure socket layer technology (SSL) or other comparable security technology.
Shipping and Risk of Loss
Unless otherwise indicated at the time of your purchase, shipping and handling fees are not included with your order. Shipping dates and/or arrival times are only estimates, and we will not be responsible or liable under any circumstances for either delayed or late deliveries. For loss/damage claims related to (i) a missing portion of your order; (ii) damaged Products and/or (iii) defective Products, you must notify The Days of Gifts within 10 days of receiving the gift box if you believe all or part of your order is either missing, damaged and/or defective, and you must provide us with reasonable verification (including, but not limited to pictures of the order as received) of such loss, damage and/or defect. If you fail to do so within 10 days of receipt, you will not be entitled to any replacement products, credit to your account or any other remedy. Replacement of products or credit to your account is further subject to our reasonable determination as to the validity of your claim. Further, The Days of Gifts is not responsible for packages shipped to addresses incorrectly provided by the purchaser.
Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your account.
You agree that you will be solely responsible for paying all applicable taxes related to all Purchases you make through our Services.
This Website may be accessed from countries other than the United States. At this time, The Days of Gifts is only available for shipment within the United States.
We work hard to make your order satisfying; however, you may cancel your order by contacting us within 5 (five) days of placing your order. IF YOU DO NOT CANCEL PRIOR TO (5 DAYS), YOU WILL BE CHARGED FOR THE ORDER.
We may terminate your account, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.
Limitation of Liability
IN NO EVENT SHALL THE DAYS OF GIFTS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE THE DAYS OF GIFT’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE DAYS OF GIFTS IN YOUR LAST TRANSACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend The Days of Gifts from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, the Services and/or the Products by you or any other person accessing the Website using your member login account.
Content Submitted by Users
Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that The Days of Gifts, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by The Days of Gifts.
- Use a name or language that The Days of Gifts, in its sole discretion, deems offensive.
- Post defamatory statements.
- Post hateful or racially or ethnically objectionable Content.
- Post Content which infringes another’s copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
- Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
- Obtain unauthorized access to any computer system through the Website.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
The Days of Gifts does not claim ownership of any materials you make available through he Website. By submitting or posting any materials or content on the Site, you grant The Days of Gifts a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant The Days of Gifts the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. The Days of Gifts will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
Third Party Websites
Our Site or our Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Days of Gifts has no control over such sites and resources and The Days of Gifts is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that The Days of Gifts will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using our Services are between you and the third party, and you agree that The Days of Gifts is not liable for any loss or claim that you may have against any such third party.
We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user’s access to our Website or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
These Terms of Service constitute the entire agreement between you and The Days of Gifts relating to this subject matter, and govern your use of our Site or our Services, superseding any prior agreements between you and The Days of Gifts with respect to our Site or our Services. These Terms of Service (including all Services, Products, your use of the Website and any dispute arising therefrom) will be governed by the laws of the State of Ohio and the United States of America, notwithstanding any principles of conflicts of law. All disputes shall be finally resolved by binding arbitration conducted in the English language in Cleveland, Ohio, under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in Cleveland, Ohio or any other court of competent jurisdiction.
If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
If you have any questions about these Terms and Conditions, please contact us.