ACCEPTANCE OF TERMS OF USE
Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Indiana 4‑H Foundation reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.
STANDARD FOR ELECTRONIC TRANSACTIONS
Indiana 4‑H Foundation is governed by, is obligated to comply with, and fully supports the spirit of the United States Standard for Electronic Transactions.
COPYRIGHTED MATERIALS FOR LIMITED USE
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Indiana 4‑H Foundation Limited, and/or its subsidiaries (referred to herein as “Indiana 4‑H Foundation”) or the copyrighted property of parties from whom Indiana 4‑H Foundation has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Indiana 4‑H Foundation reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.
USE OF SITE.
You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. Indiana 4‑H Foundation reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
TRANSFER OF TITLE.
The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
INDEMNIFICATION
You agree that you shall indemnify and defend Indiana 4‑H Foundation and all parties from whom Indiana 4‑H Foundation has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.
DISCLAIMER OF WARRANTY
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
LIMITATION OF LIABILITY IN NO EVENT SHALL INDIANA 4‑H FOUNDATION OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT INDIANA 4‑H FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM INDIANA 4‑H FOUNDATION OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL INDIANA 4‑H FOUNDATION BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.
SITE FEEDBACK
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Indiana 4‑H Foundation in connection with the operation or content of this Site shall be provided by the submitter and received by Indiana 4‑H Foundation on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Indiana 4‑H Foundation. By submitting any such information to Indiana 4‑H Foundation, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Indiana 4‑H Foundation shall be free to use such information on an unrestricted basis.
GOVERNING LAW
Indiana 4‑H Foundation Limited is based in Indianapolis, IN and all transactions take place on Indiana 4‑H Foundation licensed servers located in Indianapolis. Issues related to the protection, the copyright laws of the United States of America shall govern infringement, or misuse of copyrighted materials. The laws of Indiana shall govern all other matters relating to your access to or use of this Site. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Indianapolis, IN. You agree to submit to the jurisdiction of Indiana courts and agree that venue in these courts is proper in any such legal action or proceeding.