Paid customers of the Gift Basket Channel are members of the GiftBasketChannel.com community. This membership grants you access to videos, newsletters, teleseminars, audios, and links provided within the Club according to your membership level, all subject to the terms and conditions contained in this document.
The owners of GiftBasketChannel.com reserve the right to update and change the Terms and Conditions of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms and Conditions of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Member can review the most current version of the Terms and Conditions of Service at any time at this URL: http://www.GiftBasketChannel.com/terms-of-service. Violation of any of the terms below will result in the termination of your Membership. You agree to use the Service at your own risk.
Membership and Account Terms
GiftBasketChannel.com is a membership website. Use of Membership benefits, such as video access, general updates, support, and other benefits of Membership are provided to paid Members in good standing only. You are responsible for updating your information, including names, addresses, telephone numbers, and credit card information (as applicable) in a timely manner so that we may, from time to time, send you welcome, membership, and end-of-membership materials by email and postal mail.
- Members must be 21 years or older to use this Service.
- Members are responsible for maintaining the security of accounts and passwords. GiftBasketChannel.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Members may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).
Acknowledgments and Warranties
GiftBasketChannel.com members submitting content in the support forums grant the owners the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of the GiftBasketChannel.com products, services, and promotions in any format and by any means.
Modification to the Service and Prices
GiftBasketChannel.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to membership fees, are subject to change at anytime. GiftBasketChannel.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
A PayPal account in good standing is required join the membership. Any changes in your method of payment through PayPal must be satisfied on time with PayPal so there is no interruption of service.
Term of membership is perpetual from date of purchase as long as Member continues to use GiftBasketChannel.com, or until such time as either party notifies the other to terminate with or without cause. Termination notification must be received before each month’s membership payment is processed. Otherwise, no account adjustment is warranted. These Terms and Conditions, including any revisions, remain in effect for the duration of membership.
Member is authorized to access the Service solely to manage your member account. You agree that you will not use the Service or any content therein or data obtained there from for any other purpose and that you will not disseminate any of this information. Your right to access your account with the Service (including, without limitation, any login or other access information) is personal to you, non-transferable and non-assignable, and is subject to any limits established by GiftBasketChannel.com.
You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access or manage your account with the Service or to monitor or copy the Service websites or the content contained therein except those automated means expressly made available by GiftBasketChannel.com. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Service as determined by GiftBasketChannel.com.
Indemnity and Limitation of Liability
Member will indemnify and hold harmless the GiftBasketChannel.com and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by the GiftBasketChannel.com to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims alleging conduct that would amount to a breach of any of Company’s representations and warranties in the Membership Agreement, including these Terms and Conditions.
GIFTBASKETCHANNEL.COM SHALL NOT BE LIABLE TO MEMBER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF GIFTBASKETCHANNEL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL GIFTBASKETCHANNEL.COM BE LIABLE TO MEMBER FOR AN AMOUNT GREATER THAN THE PAYMENTS MADE BY MEMBER TO GIFTBASKETCHANNEL.COM FOR PRODUCTS AND SERVICES PROVIDED PURSUANT TO THE TERMS OF THIS AGREEMENT. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply.
YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS AND INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
Cancellation and Termination
GiftBasketChannel.com, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for violation of these Member Terms of Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of access to all content and any refunds. GiftBasketChannel.com reserves the right to refuse service to anyone for any reason at any time and terminate your account in the sole discretion of GiftBasketChannel.com.
Reasons for GiftBasketChannel.com’s determination to so terminate, suspend or discontinue your account or participation may include, but is not limited to, if GiftBasketChannel.com believes that you violated the Agreement or other policies or guidelines of the Service, a Third Party Product, or if GiftBasketChannel.com believes Member conduct may be harmful to other members or affiliates who participate in (or offer to its users) the Service Websites (and/or any part thereof). If a member decides to cancel membership at GiftBasketChannel.com before a year of membership has ended, no refund is due to the member.
All decisions made by GiftBasketChannel.com in this matter will be final and neither GiftBasketChannel.com nor any of GiftBasketChannel.com’s Entities shall have any liability regarding such decisions.
If Service is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, GiftBasketChannel.com shall not be liable for any resulting failure to provide services hereunder.
Any notices or communications under the agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below:
If to GiftBasketChannel.com, such notices shall be addressed to support [at] GiftBasketChannel.com or to Gift Basket Channel, C/O Sweet Survival LLC, PO Box 91, Paramus, NJ 07653, USA. If to Member, such notices shall be addressed to the electronic or mailing address specified in Member’s service registration form, or such other address as either party may give the other by notice as provided in this section. It is the applicant’s responsibility to provide an accurate address and to ensure that the Service is notified of any changes to applicant’s address as specified in this section.
Governing Law, Venue and Attorneys Fees
The Membership Agreement, including these Terms and Conditions, shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey. Any dispute arising under or related in any way to this Agreement shall be adjudicated in a court of competent jurisdiction in Bergen County, New Jersey. In the event of litigation to enforce any provision of the Membership Agreement, including these Terms and Conditions, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
- The GiftBasketChannel.com is a private membership site for gift basket designers and related professionals. Consultation services for businesses, agents, and other individuals representing the target audience are outside of our parameters and must abide by price structures available on request by email.
- Each Member uses the Service at Member’s sole risk. The Service is provided on an “as is” and “as available” basis.
- Technical support is only available via email at support [at] GiftBasketChannel.com.
- Member must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, GiftBasketChannel.com, or any other GiftBasketChannel.com service.
- Member agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by GiftBasketChannel.com.
- GiftBasketChannel.com may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GiftBasketChannel.com customer, employee, member, or officer will result in immediate account termination.
- GiftBasketChannel.com does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- Member expressly understands and agrees that GiftBasketChannel.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GiftBasketChannel.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. GiftBasketChannel.com’s liability to you shall not, for any reason, exceed the amount actually paid by you to GiftBasketChannel.com.
- The failure of GiftBasketChannel.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and GiftBasketChannel.com and govern your use of the Service, superceding any prior agreements between you and GiftBasketChannel.com (including, but not limited to, any prior versions of the Terms of Service).