2. ECOMGIFTING INC along and its local delivering partners makes every effort to deliver the widest selection of the best floral arrangements, gifts and cakes, however due to different seasons, certain conditions beyond our reach & the perishable nature of our products the exact flowers, containers, gift or gift accessories or cakes may be temporarily unavailable in some region to which they are being delivered to. In such rare scenarios, ECOMGIFTING INC will substitute products or accessories with similar products of equal or more value.
3. ECOMGIFTING INC delivers to more than 150 countries worldwide, however due to the vast logistic challenges in delivering your product ECOMGIFTING INC requests that if you need to cancel an order, please inform us within 48 hours before the scheduled delivery date.
4. Most orders placed as late as 2 p.m. in the recipient's time zone can be delivered that day (earlier times may apply to some countries and during holidays). Unfortunately, we cannot guarantee delivery at a specific time of day. Deliveries to remote areas may take up to 48 hours to deliver. Orders may be delivered on or before the selected delivery date.
5. Please always provide the correct physical street address for a successful delivery. We are unable to deliver to an APO, PO Box or a Rural Route address. Your request to change the delivery address after the order has been shipped would not be possible. The recipient may be called to confirm the complete / correct address, if required, to ensure a prompt delivery. Care would be taken to not break the surprise.
6. We always try to take an appointment over phone before delivery. However there are times when a direct delivery might be attempted. In such scenarios if the delivery cannot be completed due to the recipient not available, then we shall take the order as delivered cause flowers, cakes, sweets are perishable items and as such no refund can be claimed for such undelivered orders.
7. If the recipient is not available at the delivery address at the time of delivery, the delivery person will use his/her best judgment on the safety of the delivery, and might leave the flowers, gifts or cakes on the doorstep or with a neighbor. A signature is not required at the time of delivery. A door tag or and/or a voice message will be left for the recipient.
8. If you have a complaint with any of ECOMGIFTING INC products or services please report the issue to us within 7 days of the delivery date and we will make every effort to correct the problems to your satisfaction.
9. If you have a complain regarding quality, quantity, freshness or styling of a product delivered, please try to back up your claim preferably with a photograph of the delivered product. This will help us to solve the issue faster than usual.
10. If ECOMGIFTING INC has been given an incorrect address by you, the delivery service may incur costs to find the correct information or reroute the package to the correct address at a later date. The fee for the same sometimes is passed on to ECOMGIFTING INC INC. If that does happen, we will charge you any applicable fee of up to $15.00 without first notifying you.
11. No claim of whatsoever nature under any circumstances will be tenable other than the claim for 100% refund of payment made by you. All such claims if any, are to be raised within 24 hours of delivery/non delivery.
For ECOMGIFTING INC complete Terms & Conditions please visit here ============================================================ (TERMS AND CONDITIONS TO BE SHOWN ON THE T&C PAGE) ECOMGIFTING INC - Terms & Conditions From Current Effective Date ECOMGIFTING INC and its Affiliates welcome you to our family of brands website located at www.flowersgifting.com. These T&C Conditions Contain a Binding Arbitration Clause and Class Action Waiver That Impact Your Rights About How to Resolve Disputes. If You Live In The United States, Please Read it Carefully. ECOMGIFTING INC currently own or operate the following brand www.flowersdelivery.com. These brands may be updated from time to time by ECOMGIFTING INC without notice.
ECOMGIFTING INC provides certain products and services through its various channels (a) websites flowersdelivery.com and ecomgifitng.com and (b) other affiliate websites that it may have a tie up or introduce or acquire in the future (c) through its various social media accounts, including, without limitation, Facebook, Twitter, Instagram, Pinterest and YouTube (d) through ECOMGIFTING INC other marketing channels like telephone and emails and other forms of communications, mobile technologies, applications and services. In each case, as may be updated by ECOMGIFTING INC from time to time your use of the ECOMGIFTING INC Services and any of its information, content and services available through the ECOMGIFTING INC services are subject to these terms and conditions, the Privacy Policy, and any applicable site-specific policies included by reference in these Terms. These Terms are current as of the Effective Date. ECOMGIFTING INC reserves the right to change these Terms from time to time. Please consult these Terms from time to time since ECOMGIFTING INC may, at any time, and without notice, revise these Terms by updating this posting. ECOMGIFTING INC REQUESTS ITS CUSTOMERS TO PLEASE READ THESE TERMS CAREFULLY.
By accessing or using the ECOMGIFTING INC Services, you are bound by these Terms and any revisions, so you should periodically visit this page to review the current Terms. Access or use of the ECOMGIFTING INC Services following any change to the Terms constitutes your agreement to those changes. If, at any time, you choose not to accept the terms of these Terms, you should not access or use the ECOMGIFTING INC Services.
You agree that you do not have any rights in the ECOMGIFTING INC Services and that ECOMGIFTING INC will have no liability to you if the ECOMGIFTING INC Services, or any portion thereof, are discontinued or your ability to access or use the ECOMGIFTING INC Services is terminated.
1. Authorized Users:
You affirm that you are 13 years of age or older. In order to make a purchase through the ECOMGIFTING INC Services, you must be 18 or older and have a valid credit card or other acceptable electronic payment method. Subject to these Terms, you may not use the ECOMGIFTING INC Services if you are unable to form a legal binding agreement with ECOMGIFTING INC. You agree that you are only authorized to visit or use the ECOMGIFTING INC Services for your own personal use and not for any business purposes without a separate agreement in writing with ECOMGIFTING INC . You may not use the ECOMGIFTING INC services to purchase any product for resale by you or on behalf of any other person. You may not resell, either directly or indirectly, any product purchased using the ECOMGIFTING INC Services.
2. Accounts And Passwords:
You may establish an account to use or access certain features of the ECOMGIFTING INC Services. During the account registration process on our websites ECOMGIFTING INC.com and flowersdelivery.com, you will be asked to select a unique password. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your ECOMGIFTING INC’s account. By logging into the ECOMGIFTING INC Services, you represent and warrant that: (a) you are the customer who registered for the ECOMGIFTING INC Services; and (b) that you are using the ECOMGIFTING INC Services only for permitted purposes. You will immediately notify ECOMGIFTING INC by providing notice to ECOMGIFTING INC Customer Service at www.flowersgifting.com of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that ECOMGIFTING INC in its sole discretion deems offensive. ECOMGIFTING INC reserves the right, in its sole discretion, immediately and without notice, to suspend or terminate your account or your ability to access the ECOMGIFTING INC Services for any reason, including, without limitation, any breach of these Terms by you.
3. Procedures For Purchases:
By accessing or using the ECOMGIFTING INC Services, you agree to the various ECOMGIFTING INC policies and procedures that apply to the purchase of the products or services offered through the ECOMGIFTING INC Services, which are made part of these Terms. Prices will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise specified, exclude freight, handling fees, taxes, and duties. Pricing is based upon product availability and subject to correction or change at any time without notice. You are responsible for payment of all applicable taxes. All products are subject to availability. ECOMGIFTING INC reserves the right to accept, reject or cancel any order and to correct any errors, including, without limitation, publishing, descriptive, typographical, or any other similar errors.
You authorize ECOMGIFTING INC to hold, receive and disburse funds in accordance with your payment instructions. Your authorization permits ECOMGIFTING INC to (a) debit or credit your credit card, debit card, or other payment methods that we accept and (b) initiate recurring charges from your Cards if you signed up for a service that requires automatic billing. When you place an order, you authorize and order ECOMGIFTING INC to commit your payment to the applicable ECOMGIFTING INC entity. Your authorizations will remain in full force and effect while you maintain your account with ECOMGIFTING INC.
4. Substitution Policy:
ECOMGIFTING INC use images for display purposes only. Actual products may differ from product images displayed. Regardless of variations in products, we guarantee customer satisfaction in every order.
ECOMGIFTING INC along and its delivering partners makes every effort to deliver the widest selection of the best floral arrangements, gifts and cakes, however due to different seasons, certain conditions beyond our reach and the perishable nature of our products the exact flowers, containers, gift accessories or cakes may be temporarily unavailable in some region to which they are being delivered to. In the rare cases when that happens, ECOMGIFTING INC will substitute products or accessories with similar products of equal value.
Flowers
(a) To guarantee the freshest flowers possible, our local florists may replace some flowers in your arrangement for color or flower variety or if the ordered flowers are out of stock due to any unavoidable reasons.
(b) While we always do our best to match the picture shown, sometimes different vases may be used.
(c) Substitution made any will be as similar as possible to the original design and be of equal or greater value.
Plants
(a) For green and blooming plants, similar plants may be substituted of equal or greater value.
(b) For one-of-a-kind exotic plants ECOMGIFTING INC will make every attempt to match the plant type, but may substitute with another plant or color in case of unavailability due to unavoidable conditions.
(c) If the plant container or pot shown online is not available, a similar container or pot will be used.
Specialty Gifts
Specialty gifts may be substituted with another specialty gift of equal or greater value and of similar theme and category.
Cakes
(a) Cakes Decorations shown on flowersdelivery.com are indicative. We do our best to give a better result than shown. It may be possible that actual cake varies due to availability of cakes and for other reasons beyond our control.
(b) If the ordered cake is not available in the respective city or town, our local delivering outlet shall substitute and deliver the best available quality cake of more or equal value and according to our substitution policy.
5. Delivery Policy:
(a) ECOMGIFTING INC local delivering outlet always tries to take an appointment over phone before delivery. In case of flowers, cakes , sweets (all other perishable items) not delivered due to the receiver or any representative is not available, door found locked, security not allowed delivery person to enter premises, address not found, phone not answered, phone switched off, phone out of service area at the time of delivery, we shall take the order as delivered. No refund can be claimed for such cancelled orders.
(b) No claim of whatsoever nature under any circumstances will be tenable other than the claim for 100% refund of payment made. All such claims if any, are to be raised within 24 hours of delivery/non delivery.
(c) In the above scenarios the delivery person will leave a door tag, or a voice message or any other form of communication to let the receiver know about the failed delivery. Upon a failed delivery cause of the above scenarios, it’s the responsibility of the receiver to collect the parcel from the given location within 2 working days.
(d) If the delivery service is given an incorrect address, the service may incur costs to find the correct information. Sometimes that fee is passed to ECOMGIFTING INC. If that does happen, we will charge you credit card any applicable fee of up to $15.00 without first notifying you.
6. Legal Notices:
ECOMGIFTING INC posts legal notices on pages of its flowersdelivery.com website. The services may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of ECOMGIFTING INC or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights is granted to or conferred upon you.
7. Social Media Campaigns, Sweepstakes and Contests:
ECOMGIFTING INC may conduct campaigns, contests and sweepstakes through ECOMFLOWERS various social media channels and, as part of those campaigns, contests and sweepstakes, ECOMGIFTING INC may solicit responses and submissions from you using various popular social media mechanisms used to indicate that you are responding to ECOMFLOWERS. By directing those responses and submissions to ECOMFLOWERS, such responses and submissions are considered User Content (as defined in Section 8) under these Terms - and, in addition to the other obligations of Section 8 of the Terms, you agree to grant ECOMGIFTING INC a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sub licensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including, without limitation, over the Internet, broadcast television, radio or any other uses or media) such User Content, in whole or in part, including future rights that ECOMGIFTING INC (or its successors) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.
8. ECOMGIFTING INC and www.flowersgifting.com Content:
Content on the flowersdelivery.com that is provided by ECOMGIFTING INC, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans and its compilation is the property of ECOMGIFTING INC or its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws.
You are authorized to access and use the ECOMGIFTING INC Services and related ECOMGIFTING INC Content; provided that: (a) your use of the ECOMGIFTING INC Services and ECOMGIFTING INC Content as permitted hereunder is solely for your personal, non-commercial use; (b) you will not copy, distribute or transfer any portion of the ECOMGIFTING INC Services or ECOMGIFTING INC Content on any media without ECOMGIFTING INC 's prior written or electronic approval; (c) you will not alter, adapt, reverse engineer, or otherwise modify any part of the ECOMGIFTING INC Services or ECOMGIFTING INC Content other than as may be reasonably necessary to use that part of the ECOMGIFTING INC Services or ECOMGIFTING INC Content for its intended purpose; and (d) you will otherwise comply in full with these Terms. Any access or attempt to access other areas of any ECOMGIFTING INC computer system or other information contained on the system for any purpose other than as intended by ECOMGIFTING INC is strictly prohibited.
9. ECOMGIFTING INC Use of User Content:
Subject to our Privacy Policy, ECOMGIFTING INC reserves the right to display advertisements in connection with any content provided by you to ECOMGIFTING INC ("User Content") and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of ECOMGIFTING INC 's distribution partners and third-party service providers (including their downstream users) and that ECOMGIFTING INC has no obligation to compensate you (monetarily or otherwise) for ECOMGIFTING INC use of your User Content now or in the future. You confirm that you own all right, title, and interest to your User Content and that you’re User Content does not infringe any intellectual property rights or violate privacy or publicity rights of any third party.
10. Third Party Content:
ECOMGIFTING INC has no control over and is not responsible and assumes no liability for: (i) any third party content contained within the ECOMGIFTING INC Services; or (ii) the applicable third parties.
11. No Offensive or Infringing Use:
ECOMGIFTING INC respects the intellectual property of others, and ECOMGIFTING INC expects its users to do the same. It is ECOMGIFTING INC's policy, in appropriate circumstances and at ECOMGIFTING INC's discretion, to disable or terminate users of the ECOMGIFTING INC Services who infringe or repeatedly infringe the copyrights or other intellectual property rights of ECOMGIFTING INC or other rights owners. When using the ECOMGIFTING INC Services, you will not use any feature of the ECOMGIFTING INC Services for any purpose that is illegal, tortious, obscene, threatening, defamatory, libelous, invasive of another's privacy, pornographic, racist, abusive, harassing, threatening, offensive, hateful, or otherwise injurious to the legal rights (such as rights of privacy and publicity) of third parties. You also agree not to upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
12. DMCA Notice:
If you are a copyright owner or an agent thereof and believe any User Content or other ECOMGIFTING INC Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to ECOMGIFTING INC Customer Service and include the following information:
(a) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit ECOMGIFTING INC to locate the material;
(c) Information reasonably sufficient to permit ECOMGIFTING INC to contact you, such as an address, telephone number and, if available, an electronic mail address;
(d) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
(e) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and ECOMGIFTING INC may not be able to remove infringing content.
You should also send your notification to the following address:
ECOMGIFTING INC
1306 N ST ELMONT,
NY 11003
13. Mobile Capabilities:
The ECOMGIFTING INC Services may include certain services available via your mobile phone, including, without limitation: (a) the ability to upload to flowersdelivery.com websites or applications via your mobile phone; (b) the ability to receive and reply to messages and to send content and messages using text messaging or push notifications; and (c) the ability to access the ECOMGIFTING INC Services from your mobile phone ("Mobile Services"). ECOMGIFTING INC does not charge for Mobile Services unless otherwise noted; however, your carrier's normal messaging, data and other rates and fees may still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that ECOMGIFTING INC may communicate with you regarding the ECOMGIFTING INC Services and ECOMGIFTING INC's partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to ECOMGIFTING INC. You agree that in connection with the Mobile Services for which you are registered, ECOMGIFTING INC may send communications to your mobile device regarding ECOMGIFTING INC or other parties. Further, ECOMGIFTING INC may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify ECOMGIFTING INC of any changes to your mobile number and update your account(s) through the ECOMGIFTING INC Services to reflect this change.
In addition, when you opt-in to text messaging (including SMS and MMS), you agree to receive promotional autodialed text alerts from ECOMGIFTING INC brands.
14. Security:
You shall not violate or attempt to violate the security of the ECOMGIFTING INC Services. Violations of system or network security may result in civil or criminal liability. ECOMGIFTING INC reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations.
15. Communications:
With respect to all communications with ECOMGIFTING INC luding, without limitation, feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and ECOMGIFTING INC shall have no obligation to protect your communications from disclosure; (b) ECOMGIFTING INC shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) ECOMGIFTING INC shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information without any consideration or accounting.
16. Privacy Policy:
Your privacy is important to ECOMGIFTING INC. Our Privacy Policy is incorporated into, subject to and made part of these Terms. To review the ECOMGIFTING INC Privacy Policy, click here.
17. Binding Arbitration / Class Waiver:
You and ECOMGIFTING INC agree that all disputes, controversies and claims related to these Terms (including the Privacy Policy, ECOMGIFTING INC Services and any order for any product or services from ECOMGIFTING INC) (each a "Claim"), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
(a) You expressly agree that any legal claim, dispute or other controversy between you and ECOMGIFTING INC arising out of or otherwise relating in any way to the ECOMGIFTING INC services, including controversies relating to the applicability, enforceability or validity of any provision of these terms or ECOMGIFTING INC's privacy policy and practices (collectively "disputes"), shall be resolved in confidential binding arbitration conducted before one commercial arbitrator from the American arbitration association ("AAA"), rather than in a court, as described herein. The arbitration will be governed by the AAA's commercial arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes (collectively "rules and procedures"). You acknowledge that you are voluntarily and knowingly forfeiting your right to a trial by jury and to otherwise proceed in a lawsuit in state or federal court.
(b) Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case ECOMGIFTING INC will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. ECOMGIFTING INC also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys' fees and expenses.
(c) The arbitration may be conducted in Chicago, Illinois or, upon the plaintiff's request, in the city closest to plaintiff's location where AAA maintains an office, unless the parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.
(d) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
(e) To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis.
(f) You and ECOMGIFTING INC agree that there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures. No arbitration shall be joined with any other arbitration. You and ECOMGIFTING INC further agree that there is no right or authority for any dispute to be brought in a purported representative capacity or as a private attorney general, provided however that nothing herein shall be deemed to prevent a party from seeking public injunctive relief in arbitration under this agreement where applicable law provides for such a right.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from (i) a violation of your or ECOMGIFTING INC's intellectual property rights in any manner; (ii) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and (iii) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the "Governing Law" section below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court's jurisdiction in lieu of arbitration.
18. Indemnity:
By using any of the ECOMGIFTING INC Services, you agree to indemnify and hold ECOMGIFTING INC, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your improper use of such ECOMGIFTING INC Services; (b) any User Content provided or used by you; or (c) your violation of these Terms.
19. Warranty Disclaimer:
Your use of the ECOMGIFTING INC services is at your sole risk. ECOMGIFTING INC makes no warranty that the ECOMGIFTING INC services will meet your requirements. Except as otherwise set forth in these terms, all ECOMGIFTING INC services including, without limitation, any materials, products or services provided in connection therewith, are provided on an "as is" and "as available" basis, without warranties of any kind, express, statutory or implied including without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of information content, or system integration. ECOMGIFTING INC also disclaims any liability for claims arising out of misuse, improper product selection, improper installation, product modification or misapplication. ECOMGIFTING INC does not warrant that the ECOMGIFTING INC services will be available or operate in an uninterrupted, error-free or completely secure manner or those errors or defects will be corrected. Laws in certain states do not allow the exclusion or limitation of implied warranties. To the extent such laws apply, some or all of the disclaimers, exclusions, or limitations set forth herein may not apply and other rights may be available.
20. Limitation of Liability:
ECOMGIFTING INC shall not be liable to you or any other person for any special, exemplary, indirect, incidental, punitive or consequential damages, costs or attorney's fees arising out of or relating to these terms or the access to, use of or operation of the ECOMGIFTING INC services including, without limitation, any materials, products or services provided in connection therewith. ECOMGIFTING INC's aggregate liability to you arising under or in connection with the ECOMGIFTING INC services is limited to the purchase price paid for the materials, product and/or service that gives rise to such liability.
Laws in certain states do not allow the exclusion or limitation of liability for incidental or consequential damages. To the extent such laws apply, some or all of the exclusions or limitations set forth herein may not apply and other rights may be available.
21. Limited Time to Bring Your Claim:
You and ECOMGIFTING INC agree that any cause of action arising out of or related to the ECOMGIFTING INC Services or any ECOMGIFTING INC Content including without limitation any Claim or Dispute must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
22. Trial by Jury:
To the extent allowed by law, each of you and ECOMGIFTING INC waive any right to trial by jury in any Dispute.
23. Force Majeure:
ECOMGIFTING INC shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including without limitation acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, grower delays at the farm level, delays due to product held by the USDA/Customs for inspection, or any other circumstance or cause beyond the reasonable control of ECOMGIFTING INC in the conduct of its business.
24. Governing Law:
These Terms will be governed by and construed in accordance with the laws of the State of Illinois without regard to: (a) such State's conflicts-of-laws principles; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws.
25. Miscellaneous:
Both you and ECOMGIFTING INC acknowledge and agree that no partnership is formed, and neither you nor ECOMGIFTING INC has the power or the authority to obligate or bind the other. If any provision of these Terms is determined to be unlawful, void or unenforceable by a tribunal of competent jurisdiction, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If ECOMGIFTING INC fails to act with respect to your breach or anyone else's breach on any occasion, ECOMGIFTING INC is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and ECOMGIFTING INC, and are accepted by you as a condition for your use of the ECOMGIFTING INC Services or your account. These Terms constitute the entire agreement between you and ECOMGIFTING INC regarding the use of the ECOMGIFTING INC Services and the ECOMGIFTING INC Content.