By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
When you visit Favorite Gift Baskets or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Favorite Gift Baskets or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Favorite Gift Baskets and protected by U.S. and international copyright laws. All software used on this site is the property of Favorite Gift Baskets or its software suppliers and protected by United States and international copyright laws.
Favorite Gift Baskets and other Favorite Gift Baskets graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Favorite Gift Baskets, Inc. Favorite Gift Baskets’ trademarks and trade dress may not be used in connection with any product or service that is not Favorite Gift Baskets’ in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Favorite Gift Baskets. All other trademarks not owned by Favorite Gift Baskets that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Favorite Gift Baskets.
LICENSE AND SITE ACCESS
Favorite Gift Baskets grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Favorite Gift Baskets. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Favorite Gift Baskets. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Favorite Gift Baskets and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Favorite Gift Baskets’ name or trademarks without the express written consent of Favorite Gift Baskets. Any unauthorized use terminates the permission or license granted by Favorite Gift Baskets. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Favorite Gift Baskets so long as the link does not portray Favorite Gift Baskets, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Favorite Gift Baskets logo or other proprietary graphic or trademark as part of the link without express written permission.
RISK OF LOSS
All items purchased from Favorite Gift Baskets are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Favorite Gift Baskets attempts to be as accurate as possible. However, Favorite Gift Baskets does not warrant that product descriptions, images or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Favorite Gift Baskets itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FAVORITE GIFT BASKETS ON AN “AS IS” AND “AS AVAILABLE” BASIS. FAVORITE GIFT BASKETS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FAVORITE GIFT BASKETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FAVORITE GIFT BASKETS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FAVORITE GIFT BASKETS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAVORITE GIFT BASKETS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Favorite Gift Baskets, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Favorite Gift Baskets.
Any dispute relating in any way to your visit to Favorite Gift Baskets or to products you purchase through Favorite Gift Baskets shall be submitted to confidential arbitration in Jericho, New York except that, to the extent you have in any manner violated or threatened to violate Favorite Gift Baskets’ intellectual property rights, Favorite Gift Baskets may seek injunctive or other appropriate relief in any state or federal court in the state of New York, 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY