TERMS OF USE

Welcome to www.hallmarkbusiness.com, a website operated by Hallmark Business Connections, LLC (also known as Hallmark Business Connections). The following is a legal agreement between Hallmark Business Connections, LLC and its parents, subsidiaries and affiliates (collectively, “www.hallmarkbusiness.com”), and you. www.hallmarkbusiness.com provides services to you under the following term of use, which we may update from time to time without notice to you. By using this site you agree to these terms of use. Please read these Terms of Use carefully before using www.hallmarkbusiness.com. Your continued use of www.hallmarkbusiness.com indicates your agreement to be bound to these terms of use in effect at the time of such use. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

PRIVACY

Any information you provide to us is subject to our Privacy Policy.  For information, review our full Privacy Policy.

PERMISSION TO USE CONTENT

www.hallmarkbusiness.com grants you a limited license to access and make noncommercial use of this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of Hallmark Business Connections or where expressly permitted. You agree not to use or resell www.hallmarkbusiness.com or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. You agree not to use the e-card or messaging services provided by www.hallmarkbusiness.com to send SPAM or to send messages to mailing lists for which you do not have the legal right to send or initiated the sending of such message to each recipient. In order to purchase products or services through www.hallmarkbusiness.com, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.

SITE SERVICES

www.hallmarkbusiness.com may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. www.hallmarkbusiness.com may also impose limits on certain features and services or restrict your access to parts or all of the products and services without notice or liability.

COPYRIGHT

All content included on this site, such as, e-cards, text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of www.hallmarkbusiness.com or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of www.hallmarkbusiness.com and is protected by United States and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display incorporate into another website, or in any other way exploit any of the content in whole or in part, without the specific permission of www.hallmarkbusiness.com. This prohibition includes, but is not limited to, the use of any proprietary Hallmark characters on any website, in emails, or in other media without express written permission from Hallmark Business Connections.

MEMBER CONDUCT

To access many features on the website, and to purchase any goods or services, you may be required to create an account with www.hallmarkbusiness.com. Any personal information you provide in connection with your account will be covered by our Privacy Policy. You are responsible for the accuracy of the information included in your account, including updating your information as necessary, and maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify www.hallmarkbusiness.com of any unauthorized access or tampering of your account, or suspected breach of security.

You agree that any information you provide to www.hallmarkbusiness.com is truthful and accurate, and complete, including the name or identity of the sender of any e-card or other message, service or product. You agree to not use www.hallmarkbusiness.com to upload, post, email, send, or initiate the sending by e-card or printed card, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You represent and warrant that you own or otherwise control all of the rights to any content you submit to www.hallmarkbusiness.com, including but not limited to the sending, creating, printing or delivery of personalized content or products; that the content is accurate; that use of the content you supply does not violate these terms of use and will not cause injury to any person or entity and that you will indemnify www.hallmarkbusiness.com for all claims resulting from content you supply. By submitting content or suggestions to www.hallmarkbusiness.com through web-based functions or via email, you grant, or warrant that the owner of such content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and the names and likeness of any persons identifiable therein, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, provided however, that for content provided to www.hallmarkbusiness.com solely for the purpose of incorporating such content into a product or service ordered by you, you grant such rights to www.hallmarkbusiness.com for the sole purpose of delivering products and services.

You acknowledge that www.hallmarkbusiness.com does not pre-screen content submitted by users, but that www.hallmarkbusiness.com shall have the right (but not the obligation) in its sole discretion to refuse or move any content that is made available via www.hallmarkbusiness.com or to refuse to accept content for use in any products or services offered on or through www.hallmarkbusiness.com by any user that violates these terms of use or is otherwise objectionable in www.hallmarkbusiness.com’s sole judgment. www.hallmarkbusiness.com may request that a user submit evidence of their ownership or right to use and reproduce any copyright trademark or likeness arising from user’s submission of content. If, upon such request, www.hallmarkbusiness.com does not receive information it deems sufficient to evidence such rights, www.hallmarkbusiness.com reserves the right to suspend the shipping of an order or service relating to such content, and/or share the content and information regarding he member with governmental organizations, law enforcement authorities or other third parties.

You also acknowledge and agree that www.hallmarkbusiness.com may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of www.hallmarkbusiness.com, its users and the public.

You may not use any automated program or script to automate the process of sending or viewing any content on this website. www.hallmarkbusiness.com reserves the right to limit, in its sole discretion and without prior notice to you, the number of cards or messages that you may send using www.hallmarkbusiness.com or the number of recipients to which you send such cards or messages.

If, in www.hallmarkbusiness.com’s sole determination, you violate www.hallmarkbusiness.com’s Member Conduct Policy, www.hallmarkbusiness.com may block you, and those using any email account associated with you from sending ecards or using any or all of the services available on www.hallmarkbusiness.com.

www.hallmarkbusiness.com RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, IP ADDRESSES, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY www.hallmarkbusiness.com TO ASSIST THIRD PARTIES, THEIR COUNSEL AND LAW ENFORCEMENT INVESTIGATE VIOLATIONS OF THE MEMBER CONDUCT POLICY. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL www.hallmarkbusiness.com BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE, EVEN IF www.hallmarkbusiness.com OR A WWW.HALLMARKBUSINESS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL www.hallmarkbusiness.com’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

DISCLAIMER OF WARRANTIES

THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. www.hallmarkbusiness.com DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. www.hallmarkbusiness.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVICES THA MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. www.hallmarkbusiness.com DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT www.hallmarkbusiness.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

PRODUCT INFORMATION DISCLAIMER

It is our intent to provide the most accurate and up-to-date information available throughout the website and in our communications with you. Occasionally, information on www.hallmarkbusiness.com may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. www.hallmarkbusiness.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including your after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.

UNSOLICITED SUBMISSIONS

www.hallmarkbusiness.com welcomes comments regarding its products and services. However, www.hallmarkbusiness.com’s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by www.hallmarkbusiness.com’s very productive staff are similar to someone else’s creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of www.hallmarkbusiness.com. None of the Information shall be subject to any obligation of confidentiality on the part of www.hallmarkbusiness.com and www.hallmarkbusiness.com shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out the copyright or patent laws of the United States.

NOTICE

www.hallmarkbusiness.com has the right to revise these Terms at any time by updating this posting. By using this website, you agree to be bound by any such revisions and should therefore periodically visit this website to determine the then-current Terms to which you are bound.

TERMINATION

This agreement will terminate immediately without notice from www.hallmarkbusiness.com if in www.hallmarkbusiness.com’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from www.hallmarkbusiness.com and all copies thereof, whether made under the terms of this agreement or otherwise.

DISPUTES AND JURISDICTION

In the event you violate these Terms of Use, in www.hallmarkbusiness.com’s sole discretion, www.hallmarkbusiness.com may at any time, terminate your account, suspend the delivery of or access to, services, refuse membership and/or terminate your membership or subscription, in addition to all other legal rights and remedies available to it.

This agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to www.hallmarkbusiness.com or to products you purchase through www.hallmarkbusiness.com shall be submitted to confidential arbitration in Kansas City, Missouri, except that, to the extent you have in any manner violated or threatened to violate www.hallmarkbusiness.com’s intellectual property rights, www.hallmarkbusiness.com may seek injunctive or other appropriate relief in any state or federal court in the State of Kansas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against www.hallmarkbusiness.com.

MISCELLANEOUS

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

www.hallmarkbusiness.com makes no representations that materials in the website are appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.

Last Update to Hallmark Business Connections Terms of Use: July 11, 2019.

Rev  06.01.19