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Updated:
2/1/07
INTRODUCTION/
NOTICE AND ACCEPTANCE OF TERMS OF PRIVACY POLICY
Your use of our website constitutes your acceptance of the
following terms of our website Privacy Policy, as amended
or revised by us. You should therefore review this Privacy
Policy regularly to ensure that you are aware of its terms.
This
Privacy Policy describes the information that we collect through
our website www.heart2heartgiftgallery.com and how we use
that information. If you have any questions or comments about
this Privacy Policy or how your personal information may be
used or affected by your use of our website, please contact
us at 219.836.2300.
THE
INFORMATION THAT WE COLLECT
You do not have to provide personal information to use this
website. However, certain services which you may subscribe
for through this website may require you to provide personal
information, such as your name, address, email address and
other contact information. We use such personal information
to respond to your inquiries. If you decide at any time that
you no longer wish to receive mailings from us, please refer
to the paragraph below headed 'Opt Out'.
In
addition, and as is typical of websites generally, incidental
to your use of this website, our web server may automatically
log certain information such as the name of your internet
service provider, the IP address of the computer you are using,
the type of browser software and operating system that you
use, the date and time you access our website, the website
address, if any, from which you linked directly to our website,
the website address, if any, to which you travel from our
website, and other similar traffic-related information. We
may also aggregate information relating to your and other
visitors' traffic patterns. We use the foregoing information
to help us improve our website and the services that we provide
through the website. We do not use such data in any way to
create or maintain a personal profile of you or to collect
personal information from you.
Generally,
we will not disclose information we collect through your use
of our website to third parties. We reserve the right, however,
to provide such information to our employees, contractors,
agents, and designees to the extent necessary to enable them
to perform certain website-related services (e.g., web hosting
or maintenance services) on our behalf. We also reserve the
right to disclose such information to any third party if we
believe that we are required to do so for any or all of the
following reasons: (i) by law; (ii) to comply with legal processes
or governmental requests; (iii) to prevent, investigate, detect
or prosecute criminal offences or attacks on the technical
integrity of the web site or our network; and/or (iv) to protect
the rights, property, or safety of Heart
to Heart Gift Gallery,
the users of the website, or the public
USE
OF COOKIES
We do not use cookies on our web site to collect information
on or from our users.
OPT
OUT
If you no longer wish to receive materials from us or want
your personal information removed from Heart to Heart Gift
Gallery database, please contact us at 219.836.2300.
Alternatively, when you receive materials from us by e-mail
or other communications, you can make use of the "opt
out" provision in such communications so that we know
that you no longer wish to receive such materials from us.
REVISIONS
TO PRIVACY POLICY
The Internet and the benefits it offers are evolving rapidly,
as are the ways in which people use the Internet and the laws
surrounding such use. Heart to Heart Gift Gallery therefore
reserves the right to update and revise this Privacy Policy
at any time. You can determine if this Privacy Policy has
been revised by referring to the "Last Updated"
date at the top of this page, or if you send us an e-mail
at 219.836.2300.
LINKS
TO OTHER SITES
This website may contain links to other sites. Please be aware
that we are not and cannot be responsible for the privacy
practices of such other sites and that this Privacy Policy
applies solely to the information which we collect through
this website. We encourage you to ensure that you read the
privacy statements of all the destination sites which you
visit.
TERMS
AND CONDITIONS
- Acknowledgment
and Acceptance
Heart
to Heart Gift Gallery
provides the use of the Heart
to Heart Gift Gallery
web site (“Web Site”) to you, conditioned upon
your acceptance without modification of the following terms
and conditions (“Terms and Conditions”). Please
review these Terms and Conditions carefully. By using this
Web Site, you are agreeing to these Terms and Conditions.
If you do not agree or do not wish to abide by these Terms
and Conditions, you may not use this site or download material.
- Intellectual
Property Rights
All
contents, text, images, data, information and other material
(“Content”) displayed, available or present
on this Web Site, including any trademarks or copyrights,
are the property of Heart
to Heart Gift Gallery
or the designated owner and are protected by applicable
intellectual property laws. You agree not to infringe upon
or dilute any intellectual property of Heart
to Heart Gift Gallery,
as well as not to remove or modify any trademark, copyright
or other proprietary notice appearing on this Web Site.
You are not allowed to link to, reproduce, sell, publish,
distribute, modify, or display this Web Site or any Content
without the prior written permission of Heart
to Heart Gift Gallery.
- Authorized
and Prohibited Uses
You
will comply with all applicable laws in connection with
your use of this Web Site. Heart
to Heart Gift Gallery
may in its sole discretion modify, edit, translate, suspend,
restrict access to or terminate this Web Site, these Terms
and Conditions, the Content or any link at any time without
liability or prior notice. Heart
to Heart Gift Gallerymay
in its discretion terminate your browsing and use of this
Web Site at any time without liability or prior notice for
any reason, including for any breach of these Terms and
Conditions. In the event you link this Web Site to another
web site to which Heart
to Heart Gift Gallery
objects, upon notice of such objection from Heart
to Heart Gift Gallery,
you agree to immediately discontinue such link. Moreover,
you agree that no link shall be made to any page or frame
of this Web Site except to the first or top page. Heart
to Heart Gift Gallery
charges no fee at this time for browsing or using this web
site, but reserves the right to impose or modify fees in
connection with the browsing or use of this Web Site at
any time without liability or prior notice.
- Limitation
of Liability and Disclaimers
ANY
AND ALL CONTENT APPEARING ON THIS WEB SITE IS PROVIDED FOR
INFORMATIONAL PURPOSES ONLY. ANY PRODUCTS OF HEART TO HEART
GIFT GALLERYAND/OR ITS AFFILIATED COMPANIES ARE SUBJECT
TO THE STANDARD WARRANTY OF HEART TO HEART GIFT GALLERY
AND/OR ITS AFFILIATED COMPANIES AND OTHER TERMS AND CONDITIONS
OF SALE IN THE SALES AGREEMENT BETWEEN HEART TO HEART GIFT
GALLERY AND THE PURCHASER. THIS WEB SITE, ITS CONTENT AND
ITS LINKS ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS AND ARE USED ONLY AT YOUR SOLE RISK,
TO THE FULLEST EXTENT PERMISSIBLE BY LAW. HEART TO HEART
GIFT GALLERYAND ITS AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEB SITE
(INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING
AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY,
TITLE, NON INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS,
ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM
COMPUTER VIRUS. HEART TO HEART GIFT GALLERY AND ITS AFFILIATED
COMPANIES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES,
INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL
OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH
USE OF THE INTERNET, THIS WEB SITE, ITS CONTENT OR ITS LINKS.
- Indemnification
You
will defend, indemnify and hold harmless Heart
to Heart Gift Gallery
and its affiliates, officers, directors, employees and contractors
from any demands, claims, damages, liabilities, expenses
or harms, including attorneys fees, arising in connection
with your use of this Web Site, online conduct, breach of
these Terms and Conditions or dealings or transactions with
other persons resulting from use of this Web Site.
- Applicable
Law and Forum
This
Web Site, these Terms and Conditions and any disputes arising
in connection therewith shall be exclusively governed by
and construed in accordance with the laws of the State of
Indiana without regard to its conflicts of law principles.
The state and federal courts located in Munster, Indiana
shall have exclusive jurisdiction to adjudicate any dispute
arising in connection with this Web Site or these Terms
and Conditions. You agree to submit to the exclusive and
personal jurisdiction of the state and federal courts located
in Munster, Indiana.
- Miscellaneous
You
represent and warrant that you are authorized to enter into
these Terms and Conditions on behalf of any entity which
you represent. These Terms and Conditions constitute the
entire agreement between the parties with respect to its
subject matter and supersede any prior agreement or communication.
These Terms and Conditions may only be modified by Heart
to Heart Gift Gallery,
at its sole discretion. If any provision of these Terms
and Conditions is held to be invalid or unenforceable for
any reason, then the remaining provisions will remain in
full force and effect. Your obligations pursuant to these
Terms and Conditions shall survive termination of this Web
Site, any use by you of this Web Site and any Content, or
these Terms and Conditions.
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