TERMS AND CONDITIONS OF USE
By using this GIFT BOX you agree to the terms and conditions of use as published on our
website at: www.americangiftbox.com.
Each GIFT BOX contains one gift voucher and one catalog of service providers. Service
Providers and the services they provide to purchasers and beneficiaries in exchange for
the gift voucher are listed in the catalog.
We reserve the right to make changes of price or specifications to any GIFT BOX offered
for sale without prior notice. We reserve the right to limit the quantity of products listed
or offered for sale on our website at: www.americangiftbox.com.
In order to purchase and use the gift voucher you must be at least 18 years of age or older.
AUTHENTICATION
You must present your gift voucher to the service provider for validation.
Only the original voucher is going to be accepted by the service provider as a valid proof
of payment. Any vouchers defective or altered will not be accepted by the service
provider. For additional questions or information please contact our customer service.
The gift voucher does not include tips and gratuities for the service provider or
transportation to or from the service provider's location.
REFUNDS
All returns must be pre-approved by American Gift Box.
Unless otherwise required by law, a Gift Box may not be returned or redeemed for cash,
provided however, you may return the Product within thirty (30) days of purchase for a
refund if you have not booked your Service with a Service Provider. Products must be
returned with all content included and in good condition. All Product returns must be pre-
approved. If you wish to return or exchange a Product, please contact Customer Service.
SHIPPING
You are responsible for any shipping costs associated with any GIFT BOX return. All
products purchased on our website or by telephone and pre-approved for a refund must be
returned to American Gift Box company. Any products purchased from a retail store can
be returned to the place of purchase with proof of receipt and providing that the contents
of the box are undamaged and complete.
SERVICE PROVIDER SERVICES
Reservations: You must make reservations for service directly with the service provider.
When making the reservation, you may be asked to provide a credit card number and
other personal information. American Gift Box cannot be held liable for the service
providers use of such information. American Gift Box is not responsible for the privacy
practices of the service providers (including the circumstances when American Gift Box's
name or logos are used). Please read carefully the privacy practices of each and every
service provider as their practices may differ from ours.
Subject providers are subject to certain terms, conditions and limitations. It is your
responsibility to read the terms, conditions and limitations of each service provider and
make sure that you meet these requirements.
MODIFICATIONS AND CANCELLATIONS
American Gift Box will not be held liable for the service provider's changes or
cancellations of service inducing the payment of any cancellation fees.
You are subject to the Service Provider’s service modification and cancellation policies,
including the payment of cancellation fees, if any. American Gift Box will not be
responsible for any modification or cancellation fees.
SUBSTITUTION OF SERVICE PROVIDER OR SERVICE
Participating Service Providers, locations of Service Providers and/or the content of the
services provided by Service Providers are subject to availability and are, at all times,
subject to change for any reason. Service Provider information included in a Product is
given by way of example only. For example, the pictures displayed in a Product are for
illustration purposes only and do not necessarily represent or reflect the Services offered
or provided.
PROVIDING SERVICES
Service Providers are solely responsible for providing services. American Gift Box, its
agents and the resellers of American Gift Box are not responsible for providing or
performing any Services. You must deal directly with the Service Provider with regard to
any problem or dispute that you may have with respect to its Services.
Service providers are independent contractors, and are not agents, affiliates, or
representatives of American Gift Box. As a result American Gift Box will not be liable
under any theory of recovery , at law or in equity, for any damages, including without
limitation, special , direct, incidental, consequential or punitive damages arising out of, or
in any manner connected with the Services, acts, omissions or representations of Service
Providers.
INDEMNITY
You agree to indemnify, defend and hold American Gift Box, its subsidiaries, affiliates,
officers, agents, service providers, co-branders and other partners and employees
harmless from any loss, liability, claim or demand including reasonable attorney's fees,
made by any third party due to or arising out of your violation of this agreement, any
applicable laws, or the rights of any third party.
THIRD PARTY REFERENCES
References to third party goods or services do not imply American Gift Box’s
endorsement of those goods or services, and American Gift Box disclaims all liability
with regard to your access to and use of such material
.
TRADEMARKS
American Gift box and americangiftbox.com are trademarks / service marks owned or
licensed by American Gift Box. Unauthorized use of any American Gift Box trademark,
service mark or logo may be a violation of federal and state trademark laws. All Third
party trademarks are the property of their respective owners, and cannot be used without
permission. Third party trademark references herein do not constitute or imply affiliation
with, endorsement, or recommendation of American Gift Box by the respective trademark
owners.
COMMUNICATIONS WITH THIRD PARTIES
Your dealings or communications with any party other than American Gift Box are solely
between you and that third party. Under no circumstances will American Gift Box be
liable for any goods, services, resources or content available through such third party
dealings, or communications, or for any harm related thereto.
PRIVACY POLICY
The privacy of all our users is important . Please review our Privacy Policy on our
website. If you do not agree with our Privacy Policy you may not purchase, use or redeem
any Product.
DISCLOSURE OF PERSONAL INFORMATION AND SERVICE PROVIDER CONTENT
Without limitation of any of the rights granted to American Gift Box herein, you
acknowledge and agree that American Gift Box may preserve and disclose your personal
information if required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to comply with legal process; enlace rights; or protect
the rights, property or personal safety of any individual or public user of the American
Gift Box.
DISCLAIMER OF WARRANTIES
The products are on an "as is" and "as available" basis without warranties of any kind.
You are responsible for verifying any information before relying on it.
LIMITATION OF LIABILITY
To the maximum extent permitted by law American Gift Box disclaims all liability,
whether based in contract, tort (including negligence), strict liability or otherwise, and
further disclaims all losses, including without limitation indirect, incidental,
consequential, special or exemplary damages arising out of or in any way connected with
use of the products, even if American Gift Box has been advised of the possibility of such
damages. Without limiting the foregoing, American Gift Box's aggregate liability arising
out of or in connection with this agreement shall not exceed the amount paid by you to
American Gift Box.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or
exclusion of liability for incidental or consequential damages. Accordingly, some of the
above limitations may not apply to you.
DISPUTE RESOLUTION AND GOVERNING LAW
Binding Arbitration. If you and American Gift Box are unable to resolve any controversy
or claim related to this Agreement (each a “Dispute”), both parties agree that, except for
those Disputes expressly excluded below, such Dispute shall be finally and exclusively
resolved by binding arbitration. You understand that absent this provision, you would
have the right to sue in court and have a jury trial. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American Arbitration
Association (“AAA”). For the convenience of the parties, the arbitration may be
conducted in person, through the submission of documents or by phone. The arbitrator
must follow applicable law, and any award may be challenged if the arbitrator fails to do
so.
MISCELLANEOUS
If any provision of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of the Agreement
shall remain in full force and effect. Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such section. American Gift
Box’s failure to act with respect to any failure by you or others to comply with this
Agreement does not waive American Gift Box's right to act with respect to subsequent or
similar failures. This Agreement set forth the entire understanding and agreement
between you and American Gift Box with respect to the subject matter hereof. Any cause
of action or claim you may have with respect to this Agreement or the Products must be
commenced within six (6) months after the claim or cause of action arises or such claim
or cause of action shall be barred.