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Terms and Conditions for Use of this Web Site
This page sets forth the terms and conditions under which FromTheHeart.com, Inc. ("FromTheHeart.com")
makes this site available to you, as well as the terms and conditions governing your use of this
site. By making use of this site, you agree to be bound by these terms and conditions, as outlined below. Modifications to these terms and conditions may occur from time to time, and such
modifications shall be effective immediately upon posting on the site. If you do not accept these terms and conditions, please do not continue
to use or access this site.
About FromTheHeart.com
FromTheHeart.com is a gift retailer organized under the laws of the State of Virginia.
FromTheHeart.com does not transact business outside of the United States, and this web site is not
intended as a solicitation in a jurisdiction in which FromTheHeart.com is not respectively
authorized to transact business.
Some products and features described on this site may not be available in all jurisdictions or may
vary from jurisdiction to jurisdiction, and are generally not available for purchase outside the
United States. Product descriptions are only partial and certain restrictions may apply to various product or product features. Please consult a sales representative for full details.
All transactions are conducted based on agreements between FromTheHeart.com and
its customers. No representation, whether made in person, online, electronically, in written,
graphical, or verbal communication, may alter the terms of those agreements, except that your use of
the site constitutes your agreement to the additional terms and conditions applicable to such use.
The information provided on this site is distributed with the understanding that FromTheHeart.com is not
providing products relating to the gift industry. If you have a question requiring professional advice,
such as a question relating to product ingredients, etc., please seek the advice of a qualified
professional in the relevant field.
Limitation of Liability
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. FROMTHEHEART.COM DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT EITHER THE SITE OR THE SERVER THAT MAKES IT AVAILABLE
TO YOU IS FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS. FROMTHEHEART.COM DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN
TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FROMTHEHEART.COM) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO ANY DAMAGE, HARM, INJURY OR
MALFUNCTION ASSOCIATED WITH YOUR USE OF THE SITE AND/OR ITS CONTENTS.
Under no circumstances, including but not limited to negligence by act or omission, shall FromTheHeart.com or
any party involved in creating, producing, or delivering the site, be liable for any direct, incidental,
consequential, indirect or punitive damages that result from the use of, or the inability to use, the
materials on the site, even if FromTheHeart.com or a representative authorized by FromTheHeart.com has been advised of
the possibility of such damages. By using the site, you accept at your own risk that the Internet and
online communications medium may not perform as intended. Applicable law may not allow the limitation
or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion
may not apply to you. In no event, however, shall FromTheHeart.com's total liability to you for all damages,
losses, and causes of action exceed the amount paid by you, if any, for accessing the site.
Use of the Site; Copyrights, Trademarks & Service Marks
The site is owned and operated by FromTheHeart.com. Images used on the site are either owned by FromTheHeart.com or
licensed, by FromTheHeart.com and may not be used, distributed, modified, transmitted, reused or reposted without the
prior written permission of FromTheHeart.com, or the party from whom FromTheHeart.com has licensed such material.
You may access the FromTheHeart.com owned material on the site for personal use only, provided you
also retain all copyright and other proprietary notices contained on the materials. You may not use, distribute,
modify, transmit, reuse or repost such material for public or commercial purposes without the prior
written permission of FromTheHeart.com. FromTheHeart.com neither warrants nor represents that your use of materials
displayed on the site will not infringe rights of third parties not owned by or affiliated with FromTheHeart.com.
Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and
publicity and communications regulations and statutes.
Links To and From Third Party Web Sites
On occasion, pages on this site may provide hypertext links to other sites created by other
organizations. We provide these links to other sites to you, as a free service. Because these other
sites are not under our control, we cannot guarantee the quality, accuracy, or timeliness of those sites.
Nor is our connection to those sites an endorsement or adoption of the views expressed or of the products and services
sold or advertised on these sites. Questions about the content of those sites should be directed to their respective owners.
If you would like to provide a hypertext link from your site to this site, please request our permission
before doing so. To request such permission, send a message via e-mail. Please include in the message your
name, address and telephone number, and a description of your site and the reason why you would like to
establish a link to this site.
Communications
Personal Data is personal and/or confidential information data that relates to you, your account with
FromTheHeart.com and the information personal to you and your account. At times you may initiate communications with
us or we may request certain information from you that does not relate to your account. We refer to these
interchanges as "Communications." Any Communications or material you transmit to the site by electronic
mail or otherwise, including data, questions, comments or suggestions, with the exception of Personal Data
transmitted regarding you or your account, will be treated as non-confidential and non-proprietary and will
become the property of FromTheHeart.com and/or its affiliates (this information is referred to herein as "Non-Confidential
Communications"). Such Non-Confidential Communications may be used for a variety of purposes, including, but
not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore,
FromTheHeart.com retains the right to use ideas, concepts, know-how, or techniques contained in any Non-Confidential
Communications you send to the site for any purpose whatsoever, including, but not limited to, developing
and marketing products using such information. You agree that you shall have no recourse against FromTheHeart.com
for any alleged or actual infringement or misappropriation of any proprietary right in your Non-Confidential
Communications to us.
Collection of Information from Site Visitors
Should you send us comments or questions via e-mail to any e-mail address provided on our site, we will
share your communications with our customer service representatives and those employees or agents most
capable of addressing your questions and concerns. We will retain your communication until we have done
our very best to provide you with a complete and satisfactory response and then we will either discard
it or, in some cases, archive it.
Please note that, unless we expressly advise you otherwise, the e-mail facilities at our sites do not
provide a means for completely secure and private communications between us. Like most, if not all,
non-encrypted Internet e-mail communications, your e-mail may be accessed and viewed by other Internet
users, without your knowledge and permission, while in transit to us. For that reason, to protect your
privacy, please do not use e-mail to communicate information to us that you consider to be confidential.
If you would feel more comfortable, please contact us via telephone, at the numbers provided throughout our site.
You should also be aware that when you visit our web site, we collect certain information that does not
identify you personally, but provides us with "usage data", such as the number of visitors we receive,
what pages are visited most often, and what browser and domain name you are using. This data helps us to
continually improve the usefulness of the information we provide at this site.
Like most commercial web sites, we may also use what is known as "cookie" technology. A "cookie" is a
non-executable element of data that a web site can send to your browser when you link to that site. By
assigning a unique data element to each visitor, the web site is then able to recognize repeat users,
track usage patterns and better serve you when you return to that site. The cookie does not extract
personal information about you. Most browsers provide a simple procedure that will enable you to control
whether you want to receive cookies by notifying you when a web site is about to deposit a cookie file.
Miscellaneous
These terms and conditions shall be governed and construed in accordance with the laws of the State of
Virginia applicable to agreements made and to be performed in Virginia. You agree that any legal action
or proceeding between FromTheHeart.com and you for any purpose concerning this site shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in Virginia. If any provision of these terms
and conditions shall be unlawful, void, or unenforceable, then that provision shall be deemed severable
from these terms and conditions and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties relating to the subject matter herein and
shall not be modified except in writing.
Copyright Notice
Copyright © 2000-2008
FromTheHeart.com, Inc.
P.O. Box 133
Boston, VA 22713 (U.S.A.)
All rights reserved.
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