Terms & Conditions
Agreement between
user and http://www.whitehousegiftsandapparel.com
Welcome to http://www.whitehousegiftsandapparel.com. The
http://www.whitehousegiftsandapparel.com website (the "Site") is
comprised of various web pages operated by White House Gifts And Apparel
("WHGAA"). http://www.whitehousegiftsandapparel.com is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein (the "Terms"). Your use of
http://www.whitehousegiftsandapparel.com constitutes your agreement to all such
Terms. Please read these terms carefully, and keep a copy of them for your
reference.
http://www.whitehousegiftsandapparel.com is a E-commerce
Site
Selling official White House gifts, apparel and memorabilia
Privacy
Your use of http://www.whitehousegiftsandapparel.com is
subject to WHGAA's Privacy Policy. Please review our Privacy Policy, which also
governs the Site and informs users of our data collection practices.
Electronic
Communications
Visiting http://www.whitehousegiftsandapparel.com or sending
emails to WHGAA constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Your account
If you use this site, you are responsible for maintaining
the confidentiality of your account and password and for restricting access to
your computer, and you agree to accept responsibility for all activities that
occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that WHGAA is not
responsible for third party access to your account that results from theft or misappropriation
of your account. WHGAA and its associates reserve the right to refuse or cancel
service, terminate accounts, or remove or edit content in our sole discretion.
WHGAA does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen. If you are under
18, you may use http://www.whitehousegiftsandapparel.com only with permission
of a parent or guardian.
Cancellation/Refund
Policy
You may contact us if for any reason you would like to request
a refund. Refunds are only available for legitimate quality or service issues.
Links to third party
sites/Third party services
http://www.whitehousegiftsandapparel.com may contain links
to other websites ("Linked Sites"). The Linked Sites are not under
the control of WHGAA and WHGAA is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. WHGAA is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by WHGAA of the site or any association with its operators.
Certain services made available via
http://www.whitehousegiftsandapparel.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from
the http://www.whitehousegiftsandapparel.com domain, you hereby acknowledge and
consent that WHGAA may share such information and data with any third party
with whom WHGAA has a contractual relationship to provide the requested
product, service or functionality on behalf of
http://www.whitehousegiftsandapparel.com users and customers.
No unlawful or
prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable
license to access and use http://www.whitehousegiftsandapparel.com strictly in
accordance with these terms of use. As a condition of your use of the Site, you
warrant to WHGAA that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with
any other party's use and enjoyment of the Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the Site, is the property of WHGAA or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make
any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. WHGAA
content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no
other use of the content without the express written permission of WHGAA and
the copyright owner. You agree that you do not acquire any ownership rights in
any protected content. We do not grant you any licenses, express or implied, to
the intellectual property of WHGAA or our licensors except as expressly
authorized by these Terms.
Use of communication
services
The Site may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular
Communication Service.
By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not: defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information; upload files that contain software or
other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or have received all
necessary consents; upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages;
conduct or forward surveys, contests, pyramid schemes or chain letters;
download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded, restrict or inhibit any other
user from using and enjoying the Communication Services; violate any code of
conduct or other guidelines which may be applicable for any particular
Communication Service; harvest or otherwise collect information about others,
including e-mail addresses, without their consent; violate any applicable laws
or regulations.
WHGAA has no obligation to monitor the Communication
Services. However, WHGAA reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole discretion. WHGAA
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
WHGAA reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in WHGAA's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any Communication
Service. WHGAA does not control or endorse the content, messages or information
found in any Communication Service and, therefore, WHGAA specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and
hosts are not authorized WHGAA spokespersons, and their views do not necessarily
reflect those of WHGAA.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you upload the materials.
Materials provided to
http://www.whitehousegiftsandapparel.com or posted on any WHGAA web page
WHGAA does not claim ownership of the materials you provide
to http://www.whitehousegiftsandapparel.com (including feedback and
suggestions) or post, upload, input or submit to any WHGAA Site or our
associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you are
granting WHGAA, our affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. WHGAA is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in WHGAA's
sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and represent that you own or otherwise control all
of the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
Third Party Accounts
You will be able to connect your WHGAA account to third
party accounts. By connecting your WHGAA account to your third party account,
you acknowledge and agree that you are consenting to the continuous release of
information about you to others (in accordance with your privacy settings on
those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by
WHGAA from our offices within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the WHGAA Content accessed through
http://www.whitehousegiftsandapparel.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless WHGAA, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorney's fees) relating
to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. WHGAA reserves the right, at its own
cost, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will fully cooperate with
WHGAA in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute
between them arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in equity
for damages or any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal Arbitration Act, conducted
by a single neutral arbitrator and administered by the American Arbitration
Association, or a similar arbitration service selected by the parties, in a
location mutually agreed upon by the parties. The arbitrators award shall be
final, and judgment may be entered upon it in any court having jurisdiction. In
the event that any legal or equitable action, proceeding or arbitration arises
out of or concerns these Terms and Conditions, the prevailing party shall be
entitled to recover its costs and reasonable attorney's fees. The parties agree
to arbitrate all disputes and claims in regards to these Terms and Conditions
or any disputes arising as a result of these Terms and Conditions, whether
directly or indirectly, including Tort claims that are a result of these Terms
and Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including
the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take
place on an individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE
PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST
THE OTHER. Further, unless both you and Employer agree otherwise, the
arbitrator may not consolidate more than one person's claims, and may not
otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WHITE HOUSE
GIFTS AND APPAREL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE SITE AT ANY TIME.
WHITE HOUSE GIFTS AND APPAREL AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. WHITE HOUSE GIFTS AND APPAREL AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL WHITE HOUSE GIFTS AND APPAREL AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WHITE HOUSE
GIFTS AND APPAREL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SITE.
Termination/access
restriction
WHGAA reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of Tennessee and you hereby
consent to the exclusive jurisdiction and venue of courts in Tennessee in all
disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and WHGAA as a result of this agreement
or use of the Site. WHGAA's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of WHGAA's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site or
information provided to or gathered by WHGAA with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and WHGAA with respect to the
Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and WHGAA with
respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be written in
English.
Changes to Terms
WHGAA reserves the right, in its sole discretion, to change
the Terms under which http://www.whitehousegiftsandapparel.com is offered. The
most current version of the Terms will supersede all previous versions. WHGAA
encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
WHGAA welcomes your questions or comments regarding the
Terms:
White House Gifts And Apparel
13123 S. CR 1050 W
Westport, Indiana 47283
Email Address:
info@whitehousegiftsandapparel.com
Telephone number:
(202) 677-5288
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