General terms & conditions

TERMS OF USE

AGREEMENT BETWEEN USER AND TOUCHDOWN GIFTS, INC.

The Touchdown Gifts website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  Your use of the Touchdown Gifts website constitutes your agreement to all such terms, conditions and notices.

MODIFICATION OF THESE TERMS OF USE

Touchdown Gifts reserves the right to change the terms, conditions, and notices under which the Touchdown Gifts website is offered.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Touchdown Gifts website, you warrant to Touchdown Gifts that you will not use the Touchdown Gifts website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Touchdown Gifts website in any manner which could damage, disable, overburden, or impair the Touchdown Gifts website or interfere with any other party’s use and enjoyment of the Touchdown Gifts website.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Touchdown Gifts website.

MATERIALS PROVIDED TO TOUCHDOWN GIFTS OR POSTED AT ANY TOUCHDOWN GIFTS  WEBSITE

Touchdown Gifts does not claim ownership of the materials you provided to Touchdown Gifts (including feedback and suggestions) or post, upload, input or submit to any Touchdown Gifts website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Touchdown Gifts permission to use your Submission in connection  with the operation of their internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

NETWORK USE

If Touchdown Gifts has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of terms and conditions relating to the Network, the website or any related services, your access to the website and services contained therein may be suspended or terminated. You will cooperate fully with Touchdown Gifts to investigate any suspected unlawful fraudulent or improper activity.

 

ADDITIONAL RESTRICTIONS

Touchdown Gifts, at its sole discretion, reserves the right to restrict your use of the website in the event that Touchdown Gifts determines, in its sole discretion, that your use of the website is inappropriate.  Reasons that Touchdown Gifts may determine that your use of the website is inappropriate include, but are not limited to, the following:  (i) unconfirmed identity of incorrect registration/enrollment information; (ii) you have used the website to commit or to facilitate fraudulent activity; or (iii) as a buyer, you maintain insufficient funds in your bank account to cover payments sent through the website.

SECURITY ISSUES OR UNATHORIZED TRANSACTIONS

You agree that you have access to the internet and to a current e-mail address.  You have sole responsibility for providing Touchdown Gifts with a correct and operational e-mail address.  Touchdown Gifts will not be liable for any undelivered e-mail communications or any costs you incur for maintaining internet access and an email account. You must promptly notify Touchdown Gifts of any change in your e-mail or postal mailing address. 

You agree to contact us at once if you believe your User ID or password has been compromised.

In case of unauthorized transactions, be prepared to provide Touchdown Gifts with the following information:   1) your name, company and primary email address; 2) identifying information about the transaction in question, including the date, type of transaction and counterparty; and 3) why you believe it is an error and what additional information you believe you need to resolve the issue.  You may notify Touchdown Gifts by email, FAX or telephone (we may require that you also send your inquiry in writing)

NO HACKING

If you use, or attempt to use the website for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the website, your user account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  TOUCHDOWN GIFTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. 

TOUCHDOWN GIFTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMAITON, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  TOUCHDOWN GIFTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCANTABILITY, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOUCHDOWN GIFTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INDICENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOVEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF THE LIABILITY FOR CONSEQUENTIAL OR INCENDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

TERMINATION/ACCESS RESTRICTION

Touchdown Gifts reserves the right, in its sole discretion, to terminate your access to the Touchdown Gifts website and the related services or any portion thereof at any time, without notice. Use of the Touchdown Gifts website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Touchdown Gifts’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Touchdown Gifts’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Touchdown Gifts website or information provided to or gathered by Touchdown Gifts with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Touchdown Gifts with respect to the Touchdown Gifts website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Touchdown Gifts with respect to the Touchdown Gifts website.  A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

 

COPYRIGHT NOTICE

The Touchdown Gifts logo displayed on this website may not be copied, imitated or used, in whole or in art, without the prior written permission of Touchdown Gifts.  In additional all page headers, custom graphics, button icons and scripts are copyrighted material owned by Touchdown Gifts and may not be copied, imitated or used, in whole or in part, without its prior written permission.

Contact Information. Touchdown Gifts, Inc., 7401 Market Street, 211B, Youngstown, OH 44512.  

These Terms of Use are effective as of, and were last updated on, January 31, 2018.