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Any person who accesses areas of the www.irreverantgreetings.com website other than this legal statement agrees to and is bound by the Terms of Use of these Terms of Use.
irreveRANT greetings, LLC, maintains this site ("Site") for your personal information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain any and all copyright and other propriety notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, without the prior written permission of irreveRANT greetings, LLC You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior written permission of irreveRANT greetings, LLC, unless otherwise expressly stated in a specific place in the website (such as link art and media kits). Authorized users with passwords may download for agreed uses and purposes certain graphics and software packages.
You should assume that everything you see or read on the Site is copyrighted, patent pending, protected by common law intellectual property rights, or subject to trademark protection, and may not be used except as provided in these Terms Of Use or in the text on the Site without the prior written permission of irreveRANT greetings, LLC, unless otherwise expressly stated in a specific place in the website (such as link art and media kits). For the sake of its beneficiaries, irreveRANT greetings, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
If you do not wish to enter this Site.
If you do not wish to enter this Site and subject yourself to these Terms of Use, but require some other form of assistance regarding this Site, you may forward any questions that you have about this Site or these Terms of Use to:
Consumer Affairs
irreveRANT greetings, LLC
1458 Ocean Shore Blvd
Suite 170
Ormond Beach, FL 32176
Your access to and use of the Site is also subject to the following Terms of Use ("Terms of Use "). By accessing and browsing the Site, you accept, without limitation or qualification, the Legal Statement and these Terms of Use, and acknowledge that any other agreements between you and irreveRANT greetings, LLC are superseded and have no force or effect.
Privacy.
We will not re-sell, or distribute your credit card account information to anyone else for any reason. We do assemble for our use a list of site visitors and users. Your access of this site authorizes us if we choose to access your computer and record your email address as a record of your visit.
Accuracy.
While irreveRANT greetings, LLC uses reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to its accuracy. irreveRANT greetings, LLC assumes no liability or responsibility for any errors or omissions in the content on the Site.
At Your Risk.
Your browsing of the Site is at your risk. Neither irreveRANT greetings, LLC nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. irreveRANT greetings, LLC also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, including, but not limited to, data, text, images, video, or audio from the Site.
Nature of Communication.
Any communication or material you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Anything you transmit may be used by irreveRANT greetings, LLC or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting without liability or compensation. Furthermore, irreveRANT greetings, LLC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information without liability or compensation, unless a written agreement reserving rights to you is signed between you and us prior to the disclosure or transmittal.
Intellectual Property Rights.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of irreveRANT greetings, LLC and others. The devices and products depicted, discussed, and offered on the Site are all patent pending. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or patent pending devise or product displayed on the Site without the prior written permission of irreveRANT greetings, LLC or the third party owner of such Trademark or patent pending. Your misuse of the Trademark, patents pending devices, or any content on the Site, except as provided in these Terms of Use , is strictly prohibited. You are also advised that irreveRANT greetings, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Proprietary Product; Non-Competition.
As a matter of contract, in fundamental consideration for the opportunity to view the information presented in the Site, and the opportunity to evaluate the information therein, you agree that you will not use in competition with irreveRANT greetings, LLC or for direct or indirect gain for yourself or another, in any way, manner, shape or form whatsoever: any business information; product concepts; Brand names; alternative designs of the products depicted; business concepts; labeling methods; label forms; product information; concepts and methods of labeling; trade names; patents; patent design-arounds; designs or ideas that are derived from the product or service concept; materials, documents, information, systems, processes and techniques relating to the products; devices functioning for the same general purpose or performing the same general function as the products depicted on this Site; or anything derived or adapted from the products and devices depicted in this Site. All products and services displayed on this Site are copyrighted (providing a $100,000 penalty for each infringement), patent pending and protected by common law. For the sake of its beneficiaries, irreveRANT greetings, LLC, a non-profit corporation, will aggressively enforce its patent, trademarks, licensed trademarks, and intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Off-Site Links.
irreveRANT greetings, LLC has not reviewed any websites which may from time to time link to the Site and is not responsible for the contents of any off-site pages or any other websites linked to the Site. Your linking to any other off-site pages or other websites is at your own risk, and subject to the "At Your Risk" paragraph of this Website Legal Statement.
DMCA Notice.
You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is irreveRANT greetings, LLC policy not to permit materials known by irreveRANT greetings, LLC to be infringing to remain on the Site. You should notify irreveRANT greetings, LLC promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a third party copyright. Upon irreveRANT greetings, LLC receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), irreveRANT greetings, LLC. will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please contact irreveRANT greetings, LLC at the contact address listed on this page regarding any copyright infringement notices. It is irreveRANT greetings, LLC policy to terminate its contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others..
Revisions.
irreveRANT greetings, LLC may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically re-visit this page to review the then current Terms of Use to which you are bound. They may be different on subsequent visits to this Site.
Modifications.
No person, employee, agent, sales representative, distributor, or retail merchant has the authority to verbally or in writing modify, waive or alter these Terms of Use . No change or modification of these Terms of Use shall be valid unless the same herein posted on this website, or is set forth in a separate written document signed by a properly qualified officer of irreveRANT greetings, LLC listed as a officer with the Florida Department of State. No other person has the actual authority to modify Terms of Use , and all apparent authority to do so is hereby publicly disavowed.
Your Responsibility.
You assume all responsibility for use of the Site. You waive all claims against irreveRANT greetings, LLC its managers, members, owners, employees, suppliers, retailers, venders and software programmers that may arise from the utilization of the Site.
Accuracy of Information.
While all reasonable attempts are made to ensure the accuracy of the information found in the Site, neither irreveRANT greetings, LLC nor its information contributors can be held responsible by you for the accuracy of the information. irreveRANT greetings, LLC makes no express or implied warranty as to the accuracy or merchantability of content or programming.
Software Interference.
You agree that you will not undertake any action that imposes an unreasonable or disproportionately large load on our Site infrastructure, or harms our website in any way and indemnify us (including attorney's fees) against same.
Indemnity.
You agree to indemnify and hold us, our licensors, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand at law or in equity, including without limitation, any and all actual and consequential damages, lost profits, bodily injury, death, property damage, including reasonable attorneys fees, made by any third party due to or arising out of your use of this Site or breach of these Terms of Use .
Legal Notices.
Any legal notices shall be given by postal mail to our address stated above. We may give you notice by pre-paid certified mail, return receipt requested, to the address provided to us, or to your email address. In such case, notice shall be deemed given 3 days after the date of mailing, or 24 hours after email is sent, unless we are notified that the email address is invalid or the email unsuccessfully sent.
Governing Law and Venue.
This Site is established in the State of Florida in the United States of America. All claims, causes or action at law or equity arising out of this Site or the products and information contained herein, and all questions concerning the meaning, intention, interpretation, performance or enforcement or validity of the terms of this Site or these Terms of Use , shall be judged and resolved in accordance with the laws of the State of Florida and venue for all such matters shall be in the State of Florida.
Waiver of Right to Jury Trial.
BY EXECUTING THIS AGREEMENT, THE PARTIES HERETO KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT THEY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ISSUES RAISED BY ANY SUCH DISPUTE.
Arbitration of Disputes.
Injunctive relief notwithstanding, any controversy between the parties, their heirs, beneficiaries, executors, legal or personal representatives, successors and assigns, involving the construction or application of the Agreement shall be submitted to arbitration, which shall be conducted in accordance with the Florida Arbitration Code, Chapter 682, Florida Statutes, or as subsequently amended or renumbered. In any such arbitration proceeding, each side of the controversy shall have the right to select an arbitrator and the two arbitrators so selected shall select a third. A majority of the arbitrators may determine any question presented to arbitration and render a final award, and any action taken by the arbitrators, any determination made by them, and any award granted shall be binding on all parties. The parties shall share equally the costs of the arbitration panel, regardless of who prevails. Each party shall bear their own attorney's fees and costs. Any award made shall be in writing and shall be made within 30 days from the date of the arbitration hearing.
Headings.
The headings above the various provisions herein are to make it easier to locate the subject matter covered by various provisions, and are not to be used in ascertaining or construing the intent of the Terms of Use or the substantive content of a paragraph.
Invalid, Unenforceable, or Illegal Provisions.
Should any provision of these Terms of Use be, become, or be declared invalid, unenforceable, or illegal, the remaining provisions shall be and continue in full force and effect, and the invalid, unenforceable or illegal provision shall be construed to the maximum extent possible to effectuate its intent and the intent of the rest of the Terms of Use . In the event a provision is invalid, illegal, or unenforceable, under law at any given time, it shall not be permanently stricken but rather shall be suspended, and in the event that a later change in the law makes that provision valid, legal or enforceable, then that provision automatically come back into full force and effect contemporaneously with said change in the law.
Attorneys Fees and Costs.
In connection with any dispute arising out of this Site or these Terms of Use , irreveRANT greetings, LLC is entitled to recover its attorney's fees, expert witness fees, discovery costs, investigative fees and costs, travel expenses, and court costs in trial court, in appellate courts, in bankruptcy courts, and in any arbitration to which irreveRANT greetings, LLC might agree. irreveRANT greetings, LLC is entitled to actual attorney's fees and costs for the perfection, establishment, enforcement and collection of any judgment, decree, or order rendered in favor of irreveRANT greetings, LLC both throughout Florida, the United States of America, and in any foreign state, nation, or any political subdivision thereof or therein. You waive all rights to claim attorney's fees against irreveRANT greetings, LLC including those arising out of statute, Rule of Court, common law or rule of civil procedure in any state or nation.
Entire Agreement.
These Terms of Use constitute the entire agreement between you and irreveRANT greetings, LLC and all prior and contemporaneous oral and written statements, promises, agreements, and understandings are incorporated herein, and no such agreements or representations are binding unless set forth herein.
Corporate Entity; Release.
You acknowledge and agree that you are dealing with a corporate entity, irreveRANT greetings, LLC in this Site, and that the persons who represent that corporation act on behalf of the corporation in their corporate capacities and not in their personal capacity. This provision is fundamental to your use of this Site and the products and services of irreveRANT greetings, LLC , and to the Terms of Use . Therefore, in consideration for entering this Site, or utilizing the products and services presented in the Site, you release and discharge the corporation's officer, directors, shareholders, employees, suppliers, and software programmers of and from any and all rights, claims, damages, demands, actions, causes of action, or suits in equity, of whatever kind or nature, and whether accruing now or in the future, and whether known or unknown to the parties, arising out of or relating to your use of this Site, or the products and services presented in or obtained through this Site or offered by irreveRANT greetings, LLC Without limitation, this release as to individual liability extends to the following grounds: failure to clearly indicate a corporate capacity; failure to observe corporate formalities; corporate capitalization; non-filing of an Annual Return or Uniform Business Report with the Florida Secretary of the State; treating the corporation and an officer of director interchangeably or as an alter ego; tort; indemnification.
Limited Goods Warranty.
Warranty does not extend beyond the original end user. We warrant that any goods are free from defects in material and workmanship under normal use and service for a period of one year from the date of delivery to the original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE LIMITED TO THE SAME PERIOD. Claimant must furnish proof of date of purchase or installation. We will provide a replacement item, or may opt to reimburse the purchase price if that is infeasible. Our sole liability with respect to any defect shall be for the replacement of the defective good(s). No one is authorized to make any other warranties on behalf of irreveRANT greetings, LLC, or modify this warranty. We will not be liable for any abnormal usage, use or application for which the goods or service is not intended. The foregoing shall constitute our sole warranty and sole liability, and is in lieu of any other warranties whether written, oral, implied, or statutory. Some states and provinces do not allow the limitation of exclusion or limitation or incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions may not apply. This warranty gives its beneficiaries specific legal rights, and beneficiaries may have other rights which vary from state to state and province and province. irreveRANT greetings, LLC WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY, OR THE COST OF REMOVAL, INSTALLATION, OR REINSTALLATION, AND BUYERS REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING UNITS OR PARTS.