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TERMS AND CONDITIONS
FOR THE USE OF
shipyourenemiesglitter.com
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. BY PROCEEDING TO MAKE ANY PURCHASE FROM THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS
DO NOT UTILIZE THIS SITE IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS AND CONDITIONS.
THIS CONTRACT CONTAINS AN INDEMNIFICATION, RELEASE, AND HOLD HARMLESS CLAUSE REQUIRING YOU TO INDEMNIFY AND HOLD HARMLESS ShipYourEnemiesGlitter.com FOR ALL DAMAGES RESULTING FROM, OR RELATING TO, YOUR USE OF ANY PRODUCT OR SERVICE YOU PURCHASE FROM, OR USE OF, ShipYourEnemiesGlitter.com, INCLUDING ALL CLAIMS BROUGHT AGAINST ShipYourEnemiesGlitter.com BY THIRD PARTIES TO WHOM YOU CAUSE DELIVERY OF ANY PRODUCT OFFERED BY ShipYourEnemiesGlitter.com. UNDER THIS PROVISION, YOU AGREE TO BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF ShipYourEnemiesGlitter.com.
THIS CONTRACT ALSO CONTAINS A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHT TO SUE ShipYourEnemiesGlitter.com WITH RESPECT TO ALL PRODUCTS AND SERVICES UTILIZED BY YOU IN ASSOCIATION WITH THE USE OF ShipYourEnemiesGlitter.com. ANY DISPUTE THAT MAY ARISE BETWEEN YOU AND ShipYourEnemiesGlitter.com WILL BE ARBITRATED. IN ARBITRATION PROCEEDINGS, THERE IS NO RIGHT TO JURY TRIAL OR TO HAVE A JUDGE DECIDE YOUR CASE.
This Contract may not be modified by You, and its terms will not be negotiated. By utilizing the Services or the Products, you accept and subscribe to these Terms and Conditions.
I. REPRESENTATIONS FORMING THE BASIS OF THIS CONTRACT
II. Representations made by the User
III. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. You are responsible for ensuring that the Recipient is either made aware of the Product and its delivery, or that that the Product is being delivered to a Recipient who will receive the Product and consider it as a prank, joke, or in good fun, and not as a malicious or criminal act. You acknowledge that We are not responsible for any adverse consequences caused to the Recipient of any Product. You agree to be responsible for any injuries – whether personal, pecuniary, or otherwise – resulting from delivery of the Product. While we will take every step necessary to ensure that all Products are reasonably safe for their intended purposes, You acknowledge that You take full and absolute responsibility for any and all damages resulting from delivery of the Product. We do not in any way warrant the results, functionality, delivery, or proper use of the Services or the Products by Us, You, a Recipient, or any third party.
VII. OPTING OUT OF ARBITRATION. YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT by contacting Us within five (5) days of your acceptance of these Terms and Conditions. YOU MUST COMPLY SPECIFICALLY WITH EACH OF THE FOLLOWING REQUIREMENTS IN ORDER TO EFFECTUATE YOUR OPT-OUT OF THE ARBITRATION PROVISION. To effectively opt out of this Arbitration Agreement, the following information must be sent to [email protected]: (1) your name, address, telephone number, and email address; (2) the following statement: “I, the undersigned, wish to opt out of the Arbitration Agreement set forth in Section VI of the Terms and Conditions”; (3) the exact date of your purchase; and (4) the number of the credit card with which you paid. Mere substantial compliance with this Section shall be considered unacceptable and will render your opt-out null and void.
VIII. PAYMENT INFORMATION. Your payment information will be held on file until the completion of the transaction for which such information is entered into Our website. This information may be disclosed to third parties solely for the purpose of securing payments through electronic means. Third parties to whom Your payment information is sent have their own privacy practices, and the identities of such third parties will be provided to you upon written request sent to [email protected].
Our Privacy Policy can be found at ShipYourEnemiesGlitter.com/privacy-policy/. If there is an inconsistency between these Terms and Conditions and Our Privacy Policy or any information set forth on our website, the content of these Terms and Conditions shall control. To the extent possible, the provisions of Our Privacy Policy, these Terms and Conditions, and information provided on Our website shall be read to be consistent with one another. If an inconsistency gives rise to the need to strike any provision of these Terms and Conditions, Our Privacy Policy, or the information set forth on our website, the information that should be stricken should be stricken first from the information set forth on our website, then from Our Privacy Policy, then from these Terms and Conditions.
XII. PROTECTION OF MARKS AND INFORMATION; LIQUIDATED DAMAGES. All the Services, the Products, the information set forth on Our website, marks, fonts, drawings, materials, and documents (including these Terms and Conditions) (collectively, “the Protected Property”) are or may be protected by copyright, trademark, patent, or other intellectual property law. The Protected Property is Ours, not Yours, and You hereby waive any right to benefit, pecuniarily or otherwise, in any way from the Protected Property. If you benefit in any way from the Protected Property, you agree to liquidated damages in the amount of Ten Thousand Dollars ($10,000), or the actual amount of the pecuniary gain, whichever is greater. Nothing in these Terms and Conditions shall give You the right to reproduce for any purpose any of the Protected Property.
XIII. OUR RIGHTS IN LAW AND EQUITY. These Terms and Conditions shall not be in any way construed in a manner that would have the effect of limiting our rights and remedies available in law or equity.
XIV. GOVERNING LAW AND VENUE. This Contract shall be governed by Indiana law without regard to its choice of law or conflicts of law rules. Venue for any dispute related to or arising out of this Contract shall be in a state court located in Hamilton County, Indiana.
XVII. WAIVER OF JURY TRIAL. YOU AND WE AGREE TO WAIVE OUR RIGHTS TO TRIAL BY JURY, REGARDLESS OF WHETHER A CLAIM IS FILED IN ARBITRATION OR IN COURT.
XVI. WAIVER: Neither You, nor We, shall be deemed to have waived compliance by the other of any provision of these Terms and Conditions, unless the waiver is contained in a written instrument signed by the waiving party. Our failure to enforce at any time any of the provisions of these Terms and Conditions or to exercise any right contained in these Terms and Conditions shall not be construed to be a waiver of such provisions, nor shall Our failure to enforce a similar right against another party constitute a waiver against You.
XVII. COMPLAINTS. If you have trouble with the Services or the Products, You may contact Us at support@ShipYourEnemiesGlitter.com with your concerns and Complaints.
XVIII. MODIFICATIONS TO PRICES, SERVICES, OR PRODUCTS. We reserve the right, at any time and in our sole and absolute discretion, before or after You have ordered a Product or Service, to change, cancel, or modify the Services or Products. In the event you have already ordered a Service or Product, You will be given the option of applying the purchase price of such Service or Product to the purchase of a different Service or Product or a refund of the full amount paid for the Service or Product, less a Five Dollar ($5.00) cancellation fee. The modifications set forth herein shall also include the right to change the following with respect to the information contained on our website, these Terms and Conditions, and Our Privacy Policy: typographical errors, omissions, inaccuracies, pricing, promotions, shipping charges, or any other information set forth in these Terms and Conditions, Our Privacy Policy, or Our website reasonably deemed by us to be erroneous. We reserve the right to refuse the Services or Products to You without prior notice. We will not refuse the Services or Products on the basis of your sex, gender, race, religion, national origin, or disability.
XIX. TERMINATION. These Terms and Conditions shall survive Your use of the Product or Services or Our website. Neither You, nor We, may terminate these Terms and Conditions. These Terms and Conditions become effective upon Your use of the Product or Service.
XXI. DEFINITIONS: “Contract” means these Terms and Conditions. “The User,” “You,” and “Your” means the person, individual, company, or other entity that purchases products from, utilizes the services of, sends products via, or views the website known as “ShipYourEnemiesGlitter.com” by checking the “Agree to Terms and Conditions” checkbox at the “Checkout” screen prior to purchasing Our products or services. “Products” means any and all items offered for sale and delivery on Our website, ShipYourEnemiesGlitter.com. “Services” means the delivery – by whatever means – of any and all Products offered for sale and delivery on Our website, ShipYourEnemiesGlitter.com. “Recipient” means the person to whom the Products are delivered. “Us,” “We,” and “Our” means the website, ShipYourEnemiesGlitter.com, its owners, affiliates, subsidiaries, parents, members, managers, shareholders, agents, employees, heirs, assigns, and insurers.
I have read and agree to the website terms and conditions and am not sending this product with malicious intent & I agree not to send products from this website to commercial addresses. *
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