Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Order Confirmation
When a prospective customer receives a quote from Nice Gift or identifies product(s) they would like to purchase on this website, a written authorization of the order is required by Nice Gift LLC. This can constitute an official Purchase Order, an email confirming order details relating to one of our quote/estimate numbers, or return of a signed copy of such a quote/estimate.
Payment
Invoices are submitted to customers when products are ordered. Payment is required within the terms stated on the invoice, by check or credit card. If payment is not received within the stated terms, the customer's account will be suspended and overdue invoices placed into collection. The fees associated with collection of balances due will be passed on to the customer by Nice Gift LLC.
Company Authorization
Individuals ordering from Nice Gift LLC on behalf of their company are required to have the authorization from their company to purchase. A corporate Purchase Order or email confirmation using a corporate email account or return of a signed estimate to that company is deemed to imply authorization to purchase, and the company will be liable to pay invoices for products ordered.
If a company refuses to make payment within the terms stated on the invoice, Nice Gift LLC reserves the right to instigate collection proceedings against the company or the individual that placed the order. The fees associated with collection of balances due will be passed on by Nice Gift LLC to the liable party.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Nice Gift LLC. The collective work includes works that are licensed to Nice Gift LLC. Copyright 2003, Nice Gift LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Nice Gift LLC or purchasing Nice Gift LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Nice Gift LLC or to purchase Nice Gift LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Nice Gift LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Nice Gift LLC used in the site are trademarks or registered trademarks of Nice Gift LLC
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Nice Gift LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Nice Gift LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Nice Gift LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Nice Gift LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Nice Gift LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Nice Gift LLC product is mistakenly listed at an incorrect price, Nice Gift LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Nice Gift LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Nice Gift LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Nice Gift LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Nice Gift LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Nice Gift LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Nice Gift LLC products) shall be in the state or federal courts located in New York County, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Nice Gift LLC products) must be commenced within one (1) year after the claim or cause of action arises. Nice Gift LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Nice Gift LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Nice Gift LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Nice Gift LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Nice Gift LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Nice Gift LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Nice Gift LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Nice Gift LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Nice Gift LLC may link to sites operated by third parties. However, even if the third party is affiliated with Nice Gift LLC, Nice Gift LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nice Gift LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Nice Gift LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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