DoNow Inc. Terms and Conditions
Agreement Between User and DoNow Incorporated
Bring Them Home is owned and operated by DoNow Incorporated. This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of DoNow Incorporated. Before submitting an account registration form and/or using any of these services, please read all of this Agreement carefully. By accessing any areas of this Site ("Site"), users ("Users" or "you") agree to be legally bound and to abide by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, YOU MUST NOT USE THIS SITE. DoNow Incorporated reserves the right, in its sole discretion, to amend this Agreement at any time by posting the amended terms on this site. The amended terms shall be effective from and after the date that they are posted on the Site. This Agreement may not otherwise be amended except in writing signed by both parties. DoNow Inc. incorporates herein, by reference, its Privacy Policy.
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General Terms and Conditions
Copyright Notice
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of DoNow Incorporated. Except for images placed on the site by the user, reproductions or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Trademark Notice
Bring Them Home is a registered trademark of DoNow Incorporated. Other product and company names identified on this Site may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party. The use on this Site of any name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party, and the availability of specific goods or services from such third party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third party, or the participation by such third party in the offering of goods, services or information through this Site.
Acceptable Use
This Site is intended for personal, noncommercial use. The content and information on this Site as well as the infrastructure used to provide such content and information, is proprietary to DoNow Incorporated or its suppliers and providers. Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of ePostcards posted on this Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to:
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of DoNow Incorporated;
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in the discretion of DoNow Incorporated, an unreasonable or disproportionately large load on the DoNow Incorporated infrastructure; or
- deep-link to any portion of this Site for any purpose without express written permission of DoNow Incorporated.
You may only use this Site to purchase materials available through the store, create ePostcards or view ePostcards and store offerings. This site shall not be used to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your registration information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
You agree not to use any automatic or manual device (including without limitation, "spiders," "robots" or "scrapers"), program, algorithm or methodology having similar functionality or purpose, to access, monitor or copy any of the Web pages, data or content found on this Site without the prior written permission of DoNow Incorporated. You shall not intentionally interfere or attempt to interfere with the proper working of this Site. You shall not take any action that imposes a burden or load on our infrastructure that DoNow Incorporated deems in its sole discretion to be unreasonable or disproportionate to the benefits DoNow Incorporated obtains from your use of this Site. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of this Site.
Privacy Policy
You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by DoNow Incorporated and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. DoNow Incorporated makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. DoNow Incorporated will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.
No Warranties
Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is", "as available" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request, (ii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location, (iii) that use of this Site and all software, products or services associated with this Site will be error free, (iv) regarding the results that may be obtained from the use of this Site, (v) regarding the completeness, accuracy, reliability or quality of any information content, data, service, advice or merchandise provided or available through this Site, or (vi) regarding the performance or non-performance of this Site. You expressly agree that the use of this Site is at your sole risk.
General Limitation of Liability
IN NO EVENT SHALL DoNow Incorporated, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR PROVIDERS (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Further, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with these Terms and Conditions nor for any Provider's failure to comply with applicable federal, state and local law including, without limitation, laws governing the sale, warranty, and return of perishables.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the fee or charge to the User assessed by DoNow Incorporated for making a Request. Some states, to the extent their law might be deemed to not allow the limitation of liability, so the foregoing limitations might not apply to you.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third Party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Request submitted including related fees, charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of DoNow Incorporated and may be used by a Covered Party in any medium and for any purpose worldwide without obtaining your specific consent. For example, your Comments could be used on this Site and in radio, television and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Confirmation of Requests
While DoNow Incorporated will use its best efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time.
Links to other Websites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
Credit Card Submissions
All Requests must be submitted with a major credit card unless otherwise expressly stated.
Miscellaneous
The captions in these Terms and Conditions are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.
These Terms and Conditions, and the related Parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements or representations. In the event that any provision of these Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
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