TERMS OF USE

BIG HEART CARDS, LLC PROVIDES THIS SITE AND RELATED CONTENT AND SERVICES SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PURCHASE SERVICES OR CONTENT, INCLUDING MERCHANDISE, FROM THIS WEB SITE. YOUR CLICKING ON THE BUTTON MARKED “I ACCEPT” AND YOUR CONTINUED USE OF THE SERVICES AND YOUR PURCHASES FROM THIS WEB SITE INDICATE YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.

This Company Internet Web Site Agreement (the "Agreement") is between you and Big Heart Cards, LLC ("Company") with a principal place of business at Littleton, Colorado. By your use of this website, by placing an order with the Company on this web site, and/or by your checking “I agree to the Terms of Use” when registering and using this web site, you signify your assent to these Terms. If you do not agree to these Terms, you may not use the Big Heart Cards, LLC Web Site. Use of the Company Internet Web site (the "Company Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement.

All references to “Company” in this Agreement are intended to refer to Big Heart Cards, LLC. All references to “you” and “your” in this Agreement are intended to refer to the User (as defined below) who accepts this Agreement by checking the “I agree to the Terms of Use” checkbox at the bottom of this page.

            (1)        You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS COMPANY WEB SITE.  YOU AGREE TO PAY FOR ANY MERCHANDISE OR CONTENT, INCLUDING SALES OR USE TAX OR VALUE ADDED TAX AND SHIPPING, YOU ORDER FROM THE COMPANY WEB SITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Company Web Site.

            (2)        Company may monitor your use of this Company Web Site, and may freely use and disclose any information and materials received from you or collected through your use of the Company Web Site for any lawful reason or purpose.  YOU HAVE THE OPPORTUNITY TO OPT – IN, THAT IS, GRANT PERMISSION TO COMPANY, TO MAKE A DONATION TO A CHARITY AND TO  PROVIDE YOUR PERSONAL INFORMATION (BUT NOT CREDIT CARD INFORMATION) TO THE CHARITY.

            (3)        This Company Web Site does not advertise or market to children under the age of 13 and forbids children under the age of 18 from providing personally identifiable information, such as name, birth date, address, e-mail address, or product and activity preferences.  If others provide that information about their children, such as in questions and comments posted on the Company Web Site or in Communications to the Company, it is at their own risk, and the Company has no current plans to directly market to the children whose information is so provided.

(4)        Charges and Payment

(a)        You are responsible for all charges associated with connecting to the service and Content of this Company Web Site, including, without limitation, all telephone access lines, telephone and computer equipment necessary to access the Service.
(b)        You are responsible for all activities and charges resulting from use of the Company Web Site.
(c)        In the event of a breach of security, you will remain liable for any unauthorized use of your account with the Service until you notify Company Web Site by calling Company Web Site Customer Service at (303) 250 - 3397.
(d)        Refund Policy: Big Heart Cards will give a full refund to its customers if for any reason their order is not mailed on time as promised, if their order does not arrive at the requested address, or if their order is not printed in a way consistent with the order they personalized and placed. 

(5) User Information

(a)        You certify to Company that you are not a minor, i.e., that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision of the parent or guardian. (b)        For purposes of identification, billing and marketing, you agree to provide the Company with accurate, complete, and updated information required by the registration to the Company Web Site, if any (Registration Data), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You agree to notify Company within thirty (30) days of any changes in your Registration Data. Failure to comply with this provision may result in immediate suspension or termination of your right to use the Company Web Site.
(c)        You are solely responsible for maintaining the confidentiality of your passwords, and agree that the Company will have no obligations with regard thereto.
(d)        The Company reserves the right to reveal any Registration Data or other information in its possession regarding users of the Company Web Site in cooperation with a request or investigation by any governmental body or governmental agency.

(6) Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. The Company may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled "Legal Notices" or "Legal Information" (or similar or dissimilar title) or conspicuously on the home page before the modification takes effect. It is your responsibility to read such notices and, if you do not accept the terms, to not access or use this Company Web Site or its contents. However, you are encouraged to contact the Company with any issues over the Terms or anything else about the Company Web Site to see if any issues can be resolved to our mutual satisfaction.

            (7)        The Company Web Site, in whole and in part, is protected by copyright as an original work of authorship under Section 102(a) of the United States Copyright Act, or as collective work and/or compilation, and otherwise protected pursuant to U.S. copyright laws, international conventions, and other copyright laws. Certain content is owned by licensors to the Company, granting the right to Company to market and sell licensors’ content to customers of Company. All pages within this Company Web Site are the property of the Company and/or its licensors, affiliates, assigns and successors.  The contents of the Company Web Site are only for your personal, non-commercial use or commercial use in business, but not for duplication and resale. All materials contained on the Company Web Site are protected by copyright, and are owned or controlled by Company, its licensors or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Company Web Site. You may download and print the Content and other downloadable items displayed on this Company Web Site for personal, noncommercial use only or business use, provided that you maintain all copyright and other notices contained in such Content, and do not duplicate or resell the Content except upon proper payment. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company or the copyright holder identified in the individual Content's copyright notice.

(8) Company may change, suspend or discontinue any aspect of the Company Web Site at any time, including the availability of any Company Web Site feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Company Web Site without notice or liability.

(9) You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or print or otherwise publish through or as a result of the Company Web Site or its Content or its merchandise purchased from the Company Web Site: any materials which (i) restrict or inhibit any other user from using and enjoying the Company Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature if otherwise prohibited, (vii) contain advertising of any kind that disparages anyone, or (viii) constitute or contain false or misleading indications of origin or intentionally or recklessly false statements of fact; and (b) that you are at least eighteen (18) years old.

(10) You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors, advertisers, sponsors, licensees, assigns and successors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement, including non-payment or infringement of copyright or trademark or the representations, warranties and covenants, including, without limitation, court costs and attorneys' and experts’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.

(11)      The Company Web Site may contain from time to time advertisements, links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Company Web Site. Such advertisements and links to and from Company Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.  Users who buy products or services from merchants will be deemed to be customers of those merchant. All rules, policies (including privacy policies) and procedures of a merchant will apply to Users while on such merchant's web site or in a retail store. Users are responsible for familiarizing themselves with any applicable merchant policies and procedures. The Company is not responsible for information provided by merchants to Users. Merchants and the Company are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

 

(12) Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Company Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any content that Company believes to contain errors or omissions in any portion of the Company Web Site. Company reserves the right, in its sole discretion, to refuse to post content, revise any content or delete any content posted by users of the Company Web Site.      

 

(13) Company does not and cannot review all materials posted to the Company Web Site by users, and Company is not responsible for any such materials posted by users. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Company's sole discretion are objectionable or in violation of this Agreement. Although the Company may make attempts from time to time as to the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site or any of its content or links.  It is possible that the Company Web Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties, including other users and contributors of content. In the event that an inaccuracy arises, please inform the Company so that it can be corrected.

           

(14) WARRANTIES, DISCLAIMERS, LIMITATIONS OF LIABILITY.

 

(a) THE COMPANY WARRANTS THAT IF YOU PURCHASE/LICENSE AND PAY FOR THE CONTENT, INCLUDING MERCHANDISE AS DESCRIBED ON THE COMPANY WEBSITE, THE COMPANY WILL MAKE REASONABLE EFFORTS TO PROVIDE PURCHASED CONTENT TO YOU WITHIN A REASONABLE TIME AND SUBSTANTIALLY AS ADVERTISED ON THE COMPANY WEB SITE OR OFFER AND PROVIDE A REFUND TO YOU.  NOT ALL ADVERTISED CONTENT WILL BE AVAILABLE AT ALL TIMES AND MAY BE DISCONTINUED AT ANY TIME WITHOUT NOTICE TO YOU.

 

(b) OTHERWISE, THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE COMPANY WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE COMPANY WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE COMPANY WEB SITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

(c) COMPANY AND ITS LICENSORS, AGENTS, SUBSIDIARIES, AFFILIATES, ASSIGNS AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY CLAIM ARISING FROM YOUR USE OF THE COMPANY WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN OR THIRD PARTY THEFT OF YOUR PERSONAL OR FINANCIAL INFORMATION UNLESS THE COMPANY ACTED RECKLESSLY IN PROTECTING YOUR PERSONAL OR FINANCIAL INFORMATION OR FOR ANY LOSS ARISING PRIOR TO YOUR NOTIFICATION OF THEFT OF YOUR PERSONAL IDENIFICATION AND CREDIT CARD INFORMATION. 

 

(d) EXCEPT FOR THE AMOUNT OF THE PURCHASE PRICE AND SHIPPING COSTS YOU HAVE PAID FOR CONTENT FROM THE COMPANY WEB SITE AND RECEIVED BY THE COMPANY, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, PURCHASES FROM THE SITE, AND SITE-RELATED SERVICES. YOU ACCEPT RESPONSIBILITY FOR A THIRD PARTY, INCLUDING A MEMBER OF YOUR FAMILY OR BUSINESS ASSOCIATES, ORDERING CONTENT FROM THE COMPANY WEB SITE IF THEY USE YOUR USER NAME OR PASSWORD OR CREDIT CARD.

 

(e) EXCEPT FOR THE AMOUNT OF THE PURCHASE PRICE AND SHIPPING COSTS YOU HAVE PAID FOR CONTENT FROM THE COMPANY WEB SITE AND RECEIVED BY THE COMPANY, THE COMPANY, ITS AGENTS, LICENSORS, AFFILIATES, ADVERTISERS, SPONSORS, ASSIGNS AND SUCCESSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICESAND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS FULL REFUND OF YOUR PAYMENT RECEIVED BY THE COMPANY WEB SITE AND TO STOP USING THE SITE AND/OR THOSE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.  NOTWITHSTANDING THE ABOVE,

 

(15)  By posting messages, uploading files, inputting data or engaging in any other form of communication, including posting of comments, questions and answers, text, data, images, photographs, illustrations, animations, graphics, video or audio segments and hypertext links, posted user names and other names you post on the Company Web Site (individually or collectively “Communications”) to the Company Web Site, you hereby grant to Company, its successors and assignees a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, advertise, market, sell and otherwise exploit such Communications, without credit to the author, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company, its agents, successors and assigns for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, rights of attribution and all other rights in connection with such Communications.

           

(16) Except for your purchase information and credit card information, you acknowledge that transmission to and from this Company Web Site are not confidential and your Communications may be read or intercepted by others. Except for delivery of Content you purchase for which the Company receives payment and your credit card information, you acknowledge that by submitting Communications to Company, no confidential, fiduciary, contractually implied or other relationship is created between you and Company other than pursuant to this Agreement. When available on the Company Web Site, you may use and display to Company Web Site visitors a user name that is not your legal name.

 

(17) Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between the Company and you or any user or contributor of content to the Company Web Site. Neither party, by virtue of this Agreement, is authorized as an agent, employee or legal representative of the other. Except as specifically set forth herein, neither party shall have the power to control the activities and operations of the other.

 

(18) All notices to the Company shall be made in writing (including e-mail) to the Company’s e-mail address listed on the Company Web Site or in writing via certified mail, return receipt requested, to the then registered agent of the Company listed with the Colorado Secretary of State. All notices to you as a user under this Agreement shall be made to the name and most current e-mail address given by the user when providing such information to the Company on this Company Web Site.

           

(19) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE COURT LOCATED IN THE COUNTY OF ARAPAHOE OR AN APPROPRIATE FEDERAL COURT LOCATED IN THE COUNTY OF DENVER, STATE OF COLORADO. ANY LEGAL ACTION YOU BRING SHALL NOT JOIN OR BE JOINED TO, OR BROUGHT WITH, ANY OTHER PERSON’S OR PERSONS’ CLAIM, SUCH AS CLASS ACTION LAWSUITS.

           

(20) Trademark Notice. “Big Heart Cards” and the “Big Heart Cards, LLC” names and logos are trademarks and service marks of Big Heart Cards, LLC or its assigns and successors. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

 

(21)  No Waiver. The failure of either Party to partially or fully exercise any right or the waiver by either Party of any breach shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement.

 

(22) Please also review the Privacy Policy posted on the Company Web Site to understand the Company’s privacy practices. You agree that the Privacy Policy is incorporated in these Terms.

 

(23) Please review the Choice and Opt-Out Terms on the Company Web Site to understand the Company’s collection and use of your personal information. You agree that the Choice and Opt-Out Terms are incorporated in these Terms.

 

(24) Infringement claims, counterclaims, notices and related provisions related to content you may add to the Company Web Page, if applicable, are covered in the web page entitled, “ Designation of Agent to Receive Notification of Claimed Infringement Under the Digital Millennium Copyright Act”, the terms of which are incorporated within this Terms of Use.

(25) Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Please note that information published on the Company Site may refer to products, programs or services that are not available in your country. You may contact the Company directly for information regarding the products, programs and services that may be available to you. The Company Web Site is controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that this Company Web Site or its contents or services from whatever source are appropriate or available for use at other locations outside the United States, and access to the Company Web Site from locations and nations where the Company Web Site or its contents or service is illegal is prohibited. If you access the Company Web Site or participate in the content or services from a location outside the United States, you are responsible for compliance with all local laws where you reside.

(26) These Terms are personal to you and you may not assign or transfer this Agreement under any circumstances. You agree that this Agreement and all incorporated agreements and policies may be automatically assigned by the Company, in its sole discretion, to a third party in the event of a merger, acquisition or bankruptcy.

 (27) This Agreement and any purchase order and credit card payment obligation terms constitute the entire agreement between Company and you with respect to your use of the Company Web Site. Any cause of action you may have with respect to your use of the Company Web Site must be commenced within one year after the claim or cause of action arises or payment for any order you place for Content, whichever is earlier. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. The terms of this Agreement as to assignment, choice of law and forum, indemnification, disclaimers and limitation of liability, notification, publicity and similar rights shall survive termination of the Agreement, user’s termination of use of the Company Web Site or termination of the Company Web Site by the Company. Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Company Web Site.

 

(28) All questions concerning this Agreement may be sent via e-mail to Contact@BigHeartCards.net.