Description of Service
AGC is providing Member with website access for facilitating on-line business to business ordering with AGC only. Member must:
- provide all equipment necessary for their own Internet connection, including computer and modem
- provide for Member's access to the Internet
- pay any fees related with such connection.
Member Obligations and Conduct
In consideration of Member's use of the Website, Member agrees to:
- provide accurate, current, and complete information as may be prompted by a registration form on the Website (the "Registration Data")
- maintain the security of password and identification information
- maintain and promptly update the Registration Data, and any information Member provides to AGC, to keep it accurate, current and complete
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.
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.
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.
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.
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.
Choice of Law
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.
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.
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.
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.
American Gift Corporation
6600 NW 74th Avenue
Miami, FL 33166-2839
By Telephone: 305.884.6800
By Email: email@example.com
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.
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.