Terms of Use

Terms of Use


Services and Conditions of Use:

As part of our service, we agree to provide you with information and other services that we may decide to offer (“Services”), subject to the following terms of use (“Terms of Use”) on the Cup of Hope Baskets and Gifts website (“Site”) which belongs to Hope Baskets and Gifts, LLC (“Cup of Hope Baskets and Gifts”). By using the Site, you consent to these Terms of Use.

Acceptance of Terms:

By assessing or using this Site in any way, including without limitation, us of any of the Services or merely browsing the Site, you agree and continue to agree to use our Services in a manner consistent with all applicable laws and regulations and agree to and accept these Terms of Use.  You also agree to and accept our Store Policies, Shipping Information and our Privacy Policy which are incorporated into these Terms of Use by reference.  Please read the Terms of Use, Store Policies, Shipping Information and Privacy Policy carefully as you are agreeing to be bound by them. Please note that you will be referred to as “customer” or “you” in these Terms of Use.

TOGETHER THESE TERMS OF USE, STORE POLICIES AND PRIVACY POLICY CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH CUP OF HOPE BASKETS AND GIFTS. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS OF USE SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE SITE OR PURCHASE PRODUCTS OR SERVICES THROUGH THE SITE.

CUP OF HOPE GIFTS AND BASKETS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE THE TERMS OF USE, STORE POLICIES AND PRIVACY POLICY AT ITS SOLE DISCRETION WITH OR WITHOUT NOTICE.  YOUR CONTINUED USE OF THE SITE OR ANY SERVICES ACCESSIBLE THROUGH IT, AFTER SUCH NOTICE HAS BEEN POSTED CONSTITUTES YOUR ACCPEPTANCE OF THE CHANGES.  YOUR USE OF THE SITE WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS OF USE, STORE POLICES AND PRIVACY POLICY POSTED ON THE SITE AT ANY TIME OF SUCH USE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE TERMS OF USE, STORE POLICES AND PRIVACY POLICY EACH TIME YOU USE THIS SITE.

Use of Website:

The Site is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Cup of Hope Basket and Gifts’ products and services and/or to otherwise transact business with or contact Cup of Hope Baskets and Gifts, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer.

Rules for Online Conduct:

By using the Services, you agree that you will not attempt to undermine the integrity of this Site.

Submissions:

We welcome your comments regarding the Site and Cup of Hope Baskets and Gifts. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of Cup of Hope Baskets and Gifts. Your submission of any such Comments shall constitute an assignment to Cup of Hope Baskets and Gifts of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments.  Cup of Hope Baskets and Gifts will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. We therefore ask that you not send any Comments to us that you do not wish to assign to us, including any confidential information or any original creative material such as product or gift ideas, or comments on our products and gifts.

Hyperlinks to Other Websites:

To the extent the Site contains hyperlinks to outside services and resources, the availability and content of which Cup of Hope Baskets and Gifts does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

Limitation of Liability and Warranty:

CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER’S OWN RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT, SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENCED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OR TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAURTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFORMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THE CUSTOMER.

NEITHER CUP OF HOPE BASKETS AND GIFTS NOR ANY OF ITS MEMBERS, AGENTS, AFFILIATIES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY, CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT OF THE SERVICE.

Copyright Notice:

All of the content you see on this Site, such as page headers, images, illustrations, graphics, and text is the exclusive property of Cup of Hope Baskets and Gifts.

Trademarks:

All trademarks, logs, and service marks (“Marks”) appearing on the Site or in association with the Services are trademarks of their respective owners.

Governing Law:

By using this Site, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Cup of Hope Baskets and Gifts.  You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue.

Indemnification:

You agree to defend, indemnify and hold Cup of Hope Baskets and Gifts, and its members, agents and affiliates, harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site, including, without limitation, your use of this Site in violation of these Terms of Use.

Changes to the Company or Our Terms of Use:

In the event we go through a business transition such as a conversion, merger, or acquisition by another company, or sale of all or a portion of our assets, your personal information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Agreement. When we update these Terms of Use, we will post the updated Terms of Use on this page and update the modification date below.

General:

Together these Terms of Use, Store Policies and Privacy Policy (“Agreement”) constitute the entire agreement between you and us with respect to your use of the Site and the purchase of any products on the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If for any reason a court of competent jurisdictions finds any provision of this Agreement to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable.  Any failure by Cup of Hope Baskets and Gifts to enforce or exercise any provision of the Agreement or related right shall not constitute a waiver of that right or provision.  This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Cup of Hope Baskets and Gifts’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

These Terms of Use were last modified on April 14, 2017.

Contacting Us:

If there are any questions regarding these Terms of Use, you may contact us by visiting the Contact Page.