General Terms and Conditions
TERMS OF USE AND TERMS OF SALE
Welcome to GoodforYouCards.com, a website operated by GoodforYouCards.com
LLC. The following is a legal agreement
between Good for You Cards.com LLC and their parents, subsidiaries and
affiliates (collectively “Good for You Cards.com”) and you. By accessing
this site or by purchasing goods or services, you agree to be bound by these
terms of use and conditions of sale. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS
AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS
AGREEMENT IN ITS ENTIRETY.
PRIVACY
Any information you provide to us is subject to our Privacy Policy. For more
information, review our full privacy policy.
PERMISSION TO USE CONTENT
GoodforYouCards.com grants you a limited license to access and make personal,
noncommercial use of this site and not to download (other than page caching) or
modify it, in whole or in part, except with express written consent of
GoodforYouCards.com or where expressly permitted. You agree not to use or
resell GoodforYouCards.com or the services it provides for any commercial
purpose, including but not limited to sending unsolicited commercial
messages. You agree not to use the e-card or messaging services provided
by GoodforYouCards.com to send SPAM or to send messages to mailing lists for
which you do not have the legal right to send or initiate the sending of such
message to each recipient.
In order to purchase products or services through GoodforYouCards.com, you
agree that you are 18 years of age or older, or have the specific permission of
a parent or legal guardian.
SITE SERVICES
GoodforYouCards.com may change, suspend or discontinue any aspect of the
products and services at any time, including the availability of any feature or
content. GoodforYouCards.com may also impose limits on certain features and
services or restrict your access to parts or all of the product and services
without notice or liability.
COPYRIGHT
All content included on this site, such as e-cards, text, graphics, logos,
icons, photos, products, audio clips, digital downloads, data compilations, and
software, is the property of GoodforYouCards.com, or its content suppliers or
licensors and is protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property of Good
for You Cards Licensing, Inc. and is protected by U.S. and international
copyright laws. You may not modify, publish, transmit, participate in the
transfer or sale of, reproduce, create derivative works from, distribute,
perform, display, incorporate into another web site, or in any other way
exploit any of the content, in whole or in part without the specific permission
of GoodforYouCards.com. This prohibition includes, but is not limited to, the
use of any proprietary Good for You Cards characters such as Mr. Good for You
on any website, in e-mails, or in other media without express written
permission from Good for You Cards.
MEMBER CONDUCT
To access many features on the site, and to purchase any goods or services, you
may be required to create an account with GoodforYouCards.com. Any
personal information you provide in connection with your account will be
covered by our Privacy Policy. You are responsible for the accuracy of
the information included in your account, including updating your information
as necessary, maintaining the confidentiality of your password. All
activity conducted in connection with your account will be your responsibility,
as you are deemed to be in sole possession and control of the confidential
password necessary to access your account. You must immediately
notify GoodforYouCards.com of any unauthorized access or tampering of your account,
or suspected breach of security.
You agree that any information you provide to GoodforYouCards.com is truthful and accurate, and complete including the name or identity of the sender of any e-card or other message, service or product. You agree to not use Good for You Cards.com to upload, post, e-mail, send, or initiate the sending by e-card or printed card, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to GoodforYouCards.com, including but not limited to the sending, creating, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify Good for You Cards.com for all claims resulting from any content you supply. By submitting content to Good for You Cards.com through web-based functions or via e-mail, you grant or warrant that the owner of rights in such content has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to Good for You Cards.com solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to Good for You Cards.com for the sole purpose of delivering products and services.
You acknowledge that Good for You Cards.com is not obligated to prescreen content submitted by users, but that Good for You Cards.com shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content that is made available via Good for You Cards.com or to refuse to accept content for use in any products or services offered on or through Good for You Cards.com by any user that violates these terms of service or is otherwise objectionable in Good for You Cards.com's sole judgment. Good for You Cards.com may request that a user submit evidence of their ownership of or right to use and reproduce any copyright, trademark or likeness arising from user's submission of content. If, upon such request, Good for You Cards.com does not receive information it deems sufficient to evidence such rights, Good for You Cards.com reserves the right to (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
You also acknowledge and agree that Good for You Cards.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of service; (c) respond to claims that any content violates laws or the rights of third parties; or (d) protect the rights, property or personal safety of Good for You Cards.com, its users and the public.
You may not use any automated program or script to automate the process of sending or viewing any of the content on this site. Good for You Cards.com reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using Good for You Cards.com or the number of recipients to which you send such cards or messages.
If, in Good for You Cards.com’s sole determination, you violate Good for You Cards.com’s Member Conduct policy, Good for You Cards.com, may block you, and those using any email account associated with you from sending e-cards or using any or all of the services available on Good for You Cards.com. If you are a member of a subscription service, Good for You Cards.com terminate or disable your account or subscription without compensation or refund. GOOD FOR YOU CARDS.COM RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, IP ADDRESSES, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY GOOD FOR YOU CARDS.COM TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF THE MEMBER CONDUCT POLICY. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
PURCHASE OF PRODUCTS OR SERVICES
You agree to pay all fees and charges incurred through your purchase of any
products or services at the time of purchase and at the rates in effect for the
billing period in which such fees and charges are incurred. Good for You Cards
does not provide refunds or credits if the price for particular Products
or Services previously purchased by you is lowered or is part of a promotional
offer. All Products or Services purchased on a non-subscription basis
(individual downloads, shipped products, photo cards) or promotional offerings
are non-refundable.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL
GOOD FOR YOU CARDS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE MATERIALS IN THIS SITE, EVEN IF GOOD FOR YOU CARDS.COM OR A GOOD FOR
YOU CARDS.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. 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 SHALL GOOD FOR YOU CARDS.COM'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
DISCLAIMER OF WARRANTIES
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOOD FOR YOU CARDS.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GOOD FOR YOU CARDS.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR
THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. GOOD FOR YOU CARDS.COM DOES NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
YOU (AND NOT GOOD FOR YOU CARDS.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
PRODUCT INFORMATION DISCLAIMER
It is our intent to provide the most accurate and up-to-date information
available throughout the site and in our communications with you. Occasionally,
information on Good for You Cards.com may contain typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing
and/or availability. Good for You Cards.com reserves the right to correct any
errors, inaccuracies or omissions and to change or update information at any
time without prior notice, including after your order has been submitted. In
addition, we reserve the right to cancel orders due to lack of availability,
including after your order has been submitted. We apologize for any
inconvenience this may cause you.
UNSOLICITED SUBMISSIONS
Good for You Cards.com welcomes comments regarding its products and services.
However, Good for You Cards.com's policy is not to accept or consider creative
ideas, suggestions or materials other than those it has specifically requested.
We hope you will understand that the intent of this policy is to avoid
misunderstandings when projects developed by Good for You Cards.com's very
productive staff are similar to someone else's creative work. Accordingly, we
must ask that you not send us any such ideas. If, despite our request that you
not do so, you send us creative suggestions, ideas, notes, drawings, concepts
or other information (collectively, the "Information"), the
Information shall be deemed, and shall remain, the property of Good for You
Cards.com. None of the Information shall be subject to any obligation of
confidentiality on the part of Good for You Cards.com and Good for You
Cards.com shall not be liable or owe any compensation for any use or disclosure
of the Information, other than such liability as arises out of the copyright or
patent laws of the United States.
NOTICE
Good for You Cards has the right to revise these Terms at any time by updating
this posting. By using this Site, you agree to be bound by any such revisions
and should therefore periodically visit this Site to determine the then-current
Terms to which you are bound.
TERMINATION
This agreement will terminate immediately without notice from Good for You
Cards.com if in Good for You Cards.com's sole discretion you fail to comply
with any term or provision of this agreement. Upon termination, you must
destroy all materials obtained from Good for You Cards.com and all copies
thereof, whether made under the terms of this agreement or otherwise.
DISPUTES AND JURISDICTION
In the event you violate these terms of use, in Good for You Cards’s sole
discretion, Good for You Cards.com may at any time, terminate your account,
suspend the delivery of or access to, services, refuse membership and/or
terminate your membership or subscription, in addition to all other legal
rights and remedies available to it.
This agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to Good for You Cards.com or to products you purchase through Good for You Cards.com shall be submitted to confidential arbitration in Carson City, Nevada, except that, to the extent you have in any manner violated or threatened to violate Good for You Cards.com's intellectual property rights, Good for You Cards.com may seek injunctive or other appropriate relief in any state or federal court in the state of Nevada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Good for You Cards.com.
MISCELLANEOUS
If any provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this
agreement 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, signed by
both parties.
Good for You Cards.com makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.