Terms of Use

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on 07/11/2013.

This Terms of Use Agreement sets forth the standards of use of the American Gift Corporation (hereinafter "AGC") Online Service. By using the AGC / Agiftcorp.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the AGC / Agiftcorp.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

   AGC is providing Member with website access for facilitating on-line business to business ordering with AGC only. Member must:

   1. provide all equipment necessary for their own Internet connection, including computer and modem
   2. provide for Member's access to the Internet
   3. pay any fees related with such connection.

2. Member Obligations and Conduct

   In consideration of Member's use of the Website, Member agrees to:

   1. provide accurate, current, and complete information as may be prompted by a registration form on the Website (the "Registration Data")
   2. maintain the security of password and identification information
   3. maintain and promptly update the Registration Data, and any information Member provides to AGC, to keep it accurate, current and complete
   4. accept all risks of unauthorized access to information and Registration Data. Member has sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website. If Member is an individual representing a business or other entity, then the individual personally represents and warrants that he or she is authorized to enter into these Terms of Use on behalf of that business or entity.

3. Disclaimer of Warranties

   The site is provided by AGC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, AGC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. AGC shall have no liability for any interruptions in the use of this Website. AGC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.

4. Limitation of Liability

   AGC SHALL NOT be liable for any damages whatsoever, and in particular AGC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if AGC has been advised of the possibility of such damages.

5. Indemnification

   Member agrees to indemnify and hold AGC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

6. Modifications and Interruption to Service

   AGC reserves the right to modify or discontinue the Service with or without notice to the Member. AGC shall not be liable to Member or any third party should AGC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that AGC does not guarantee continuous, uninterrupted or secure access to AGC's website and operation of AGC's website may be interfered with or adversely affected by numerous factors or circumstances outside of AGC's control.

7. Third-Party Sites

   AGC's website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the Content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the Content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

8. Disclaimer Regarding Accuracy of Third Party Vendor Information

   Certain product specifications and other information have either been provided by third parties or collected from publicly available sources. While AGC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

   AGC makes no warranties or representations whatsoever with regard to any product provided or offered by any third party Vendor, and you acknowledge that any reliance on representations and warranties provided by any such Vendor shall be at your own risk.

9. Governing Jurisdiction

   AGC's website is operated and provided in the State of Florida. As such, we are subject to the laws of the State Florida, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that AGC's website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access AGC's site you agree to do so subject to the internal laws of the State Florida.

10. Choice of Law

    The 1980 U.N. Convention on Contracts for the International Sale of Goods or any successor thereto does not apply to these Terms of Use. For any suit or claim pertaining to these Terms of Use or any information furnished hereunder, Member irrevocably consents to the jurisdiction and venue of any state or federal court sitting in Miami Dade County, Florida, USA, and Member will not commence an action or proceeding relating to the subject matter of these Terms of Use in any other jurisdiction.

11. Compliance with Laws.

    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

12. Copyright and Trademark Information

    All Content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 AGC, with all rights reserved, or is the property of AGC and/or third parties protected by intellectual property rights. Any use of materials on the website, including but not limited to reproduction for purposes other than those noted above, distribution, replication, data extraction, data mining, modification of Content or use of it for any commercial purpose are strictly prohibited without prior written permission of an authorized officer of AGC. Further, any public display, performance, transfer, sale, rental, distribution, transmission, reproduction, license, creation of derivative works, decompiling, reverse engineering, or disassembly of software Content, removal of any copyright or other proprietary notices from the Content; transfer of the Content to another person, or, other commercial exploitation of any kind, without prior written permission of an authorized officer of AGC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy AGC's web pages or the Content contained therein without prior written permission of an authorized officer of AGC.

    American Gift Corporation™ and Agiftcorp.com™ are proprietary marks of AGC. AGC's trademarks may not be used in connection with any product or service that is not provided by AGC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AGC.

    All other trademarks displayed on AGC's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with AGC.

13. Submissions

    All remarks, suggestions, ideas, graphics or other information communicated to AGC through this Site will forever be the property of AGC. Unless otherwise specified in writing, all material submitted to AGC will be presumed to be public and AGC will not be required to treat the information as confidential. AGC shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.

14. Notification of Claimed Copyright Infringement

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, AGC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

    By Mail:
    Copyright Agent
    American Gift Corporation
    6600 NW 74th Avenue
    Miami, FL 33166-2839
    

    By Telephone: 305.884.6800

    By Email: sales@agiftcorp.com

15. Botnets

    AGC retains the right, at AGC's sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, AGC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at AGC's discretion.

16. Access and Termination

    AGC, in its sole discretion, may terminate or restrict Member's or Member Applicant's use or access to this Site (or any part thereof) for any reason, including, without limitation, that AGC believes you intend to or have violated or acted inconsistently with the letter or spirit of these Terms.

17. Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by AGC, in AGC's sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in AGC's Privacy Policy Statement.