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
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
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
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,
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
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
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.