Last Updated: April, 2005
AMERICAN GREETINGS CORPORATION WEB SITE TERMS OF
Welcome to American Greetings Corporation (including its subsidiaries
and affiliates) ("AGC") web site ("Site"). By using this Site,
you agree to be bound by these Terms of Service and our Privacy
Policy. If you do not agree with any of these Terms of Service,
please do not use this Site. AGC reserves the right to update or
change these Terms of Service at any time and for any reason, without
notice. By continuing to use the Site, you agree to be bound by
any such revisions and should therefore periodically visit and print
the latest version for your records. For your information, the date
of the last update to these Terms of Service is posted at the top
of this page.
1. AGREEMENT TO CONTRACT ELECTRONICALLY
You agree to contract electronically with AGC. AGC agrees that
this electronic Terms of Service agreement, combined with your act
of using this Site, have the same legal force and effect as a written
contract with your written signature and satisfy any laws that require
a writing or signature, including any applicable Statute of Frauds.
You further agree that you shall not challenge the validity, enforceability,
or admissibility of the Terms of Service on the grounds that it
was electronically transmitted or authorized. In addition, you acknowledge
that you have had the opportunity to print this agreement.
We may discontinue, add to, modify, upgrade, or replace all aspects
of the Site in our sole discretion and without notice. In particular,
we reserve the right in our sole discretion to modify, supplement,
delete, discontinue, or remove any software, file, publications,
information, communication, or other content appearing on or transmitted
through the Site.
AGC has no obligation to monitor this Site or any use thereof or
to retain the content of any user session. However, as stated in
AGC reserves the right at all times to monitor, review, retain,
and/or disclose any information as necessary to satisfy any applicable
law, regulation, legal process, or governmental request or to cooperate
with law enforcement and other authorities in investigating a claim
of illegal activity. AGC may use IP addresses to identify a user
when we feel it is necessary to enforce compliance with our Terms
of Service or to protect our Site and its visitors or others.
4. INTELLECTUAL PROPERTY
Copyrights: All of the content on this Site, including,
but not limited to, any text, graphics, logos, button icons, images,
pictures, audio clips, and software, is the property of AGC, our
partners, or content providers and is protected by United States
copyright laws. The contents of this Site are copyrighted as a collective
work under the United States copyright laws. Except as granted in
the limited license below, any other use of this content, including
modification, transmission, presentation, distribution, or republication,
is prohibited without the prior written consent of AGC.
Trademarks: All trademarks, trade names, brand names, and
service marks of AGC, whether registered or unregistered, are the
property of AGC and are protected by United States trademark laws.
Except as granted in the limited license below, any use of these
assets is prohibited without the prior written consent of AGC. All
other trademarks, product names, and company names or logos cited
herein are the property of their respective owners.
Patents: All patents issued to and patent applications filed
by AGC are the property of AGC and are protected by United States
patent laws. Any use of these patented or patentable assets is prohibited
without the prior written consent of AGC.
Limited License: You may display and, subject to any expressly
stated restrictions or limitations relating to specific material
as may be posted on this Site or otherwise known to you, download
portions of the material from the various locations on AGC solely
for your personal, non-commercial use.
Termination of License: If you violate any of these Terms
of Service, your permission to use the content of this Site automatically
terminates, and you must immediately destroy any copies you have
made of any portion of the content.
5. LINKS TO OTHER WEB SITES
This Site may contain links to third party web sites ("Third Party
Sites"). We do not endorse the content on Third Party Sites. The
links are provided for your convenience only. We have no control
over the content on Third Party Sites; therefore, we are not responsible
or liable for any content, advertising or products on or available
from such Third Party Sites. You further acknowledge and agree that
AGC is not responsible or liable, either directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any Third Party Site.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER AGC NOR ANY
OF ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS,
OR SUPPLIERS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE;
NOR DOES AGC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THIS SITE OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS,
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH THIS SITE.
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 UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, AND ALL CAUSES OF ACTION FOR THE SAME, WHETHER
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE.
YOU SPECIFICALLY ACKNOWLEDGE THAT AGC IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
AGC IS NOT RESPONSIBLE FOR ANY CONTENT DISTRIBUTED BY YOU THROUGH
THIS SITE OR ASSOCIATED SERVICES. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES.
ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL EITHER AGC NOR ANY OF ITS EMPLOYEES, AFFILIATES,
AGENTS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY
LOSS), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR PERFORMANCE OF
THIS SITE; (ii) THE DELAY OR INABILITY TO USE THIS SITE; AND (iii)
THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION AND SERVICES
CONTAINED ON OR MADE AVAILABLE THROUGH THIS SITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY
8. INVESTOR RELATIONS
Forward Looking Statements: Some of the information on this
Site or that is available by accessing hyperlinks included on this
Site may contain "forward-looking statements," as that term is defined
within the meaning of the Federal securities laws. These statements
can be identified by the fact that they do not relate strictly to
historic or current facts. They use such words as "anticipate",
"estimate", "expect", "project", "intend", "plan", "believe", and
other words and terms of similar meaning in connection with any
discussion of future operating or financial performance. These forward-looking
statements are based on currently available information, but are
subject to a variety of uncertainties, unknown risks and other factors
concerning our operations and business environment, which are difficult
to predict and may be beyond our control. Actual results could differ
materially from those anticipated in these forward-looking statements
as a result of a number of risks, uncertainties and other factors,
including those described in our periodic reports filed with the
Securities and Exchange Commission (the "SEC").
The risks and uncertainties that we identify from time to time,
including those identified in our filings with the SEC, are not
the only risks AGC faces. Additional risks and uncertainties not
presently known to us or that we believe to be immaterial also may
adversely affect AGC. Should any known or unknown risks or uncertainties
develop into actual events, or underlying assumptions prove inaccurate,
these developments could have material adverse effects on our business,
financial condition and results of operations. We undertake no obligation
to update or revise forward-looking statements to reflect subsequent
events or changed assumptions or circumstances.
Stock Quote Disclaimer: The AGC stock price is delayed a
minimum of twenty minutes. The stock price is provided merely for
your information and is not intended for trading purposes. Neither
AGC nor its stock information provider will be liable for any inaccuracies
or delays in the quote or for any actions taken by you in reliance
on the quote.
9. UNSOLICITED IDEAS
AGC does not accept or consider unsolicited ideas, including ideas
for new advertising campaigns, new products or technologies, or
new product names. Please do not send any such unsolicited ideas.
If you send any such information, the information will be deemed,
and shall remain, the property of AGC. None of the information will
be treated as confidential or proprietary, and AGC shall not be
liable for any use or disclosure of such information. AGC shall
be entitled to unrestricted use of such information for any purpose
whatsoever, commercial or otherwise, without compensation to the
provider of the information.
10. GENERAL LEGAL PROVISIONS
Reservation of Rights. AGC reserves the right to make any
changes to the Site in its sole discretion without notice to users.
AGC reserves the right to deny or block access to the Site to anyone
at anytime and to terminate this agreement at anytime without notice
in its sole discretion.
Indemnification. You agree to defend, indemnify, and hold
AGC and its affiliates, employees, contractors, officers, trustees,
and other third parties assisting in the operation of the
Site harmless from all claims, liabilities and expenses (including
attorneys' fees) that may arise from your use of the Site or from
your breach of this Terms of Service agreement.
Applicable Law and Jurisdiction. The Site is controlled
and operated by AGC from its offices in and around Cleveland, Ohio.
This Terms of Service agreement is governed and controlled by the
laws of the State of Ohio. By accessing, and/or using the Site you
agree that all matters arising from or relating to the use and operation
of the Site will be heard and resolved in the courts of Cleveland,
Ohio. You consent to personal jurisdiction of such courts, stipulate
to the fairness and convenience of proceeding in such courts, and
covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Cleveland,
Ohio, you will be responsible for compliance with all local laws
of such other locations. A printed version of this agreement with
respect to the Site and of any notice given in electronic form is
admissible in judicial and administrative proceedings.
Questions or comments regarding this Site, the Terms of Service
sent via e-mail to our Web Master: Webmaster@amgreetings.com
or by telephone: 1-800-777-4891, or by U.S. mail to American Greetings
Corporation, Attention Webmaster, Corporate Communications Department,
One American Boulevard,
Cleveland, Ohio 44145-8151.