Last Updated: April, 2005
AMERICAN GREETINGS CORPORATION WEB SITE TERMS OF SERVICE
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.
2. MODIFICATIONS
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.
3. MONITORING
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 our Privacy Policy. 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.
6. DISCLAIMER
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 TO YOU.
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 and/or Privacy Policy should be 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, 1 American Rd. Cleveland, Ohio 44144.