Terms and Policies

 

Please read the following Terms and Conditions of Use carefully before using this website. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree with these terms and conditions, please do not use this site.

 

Terms; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration of shopping process. These terms and conditions, or any part of them, may be terminated by Now That’s Organized, LLC dba Winston Gifts without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

 

Copyright

All content included on this site, included but not limited to text, graphics, code, logos, button icons, images, and software, is the property Now That’s Organized, LLC dba Winston Gifts or its content suppliers and is protected by the United States and other copyright laws. The compilation of all content on this site is the exclusive property of Now That’s Organized, LLC dba Winston Gifts and protected by the U.S. and international copyright laws. All software used on this site is the property of Now That’s Organized, LLC dba Winston Gifts or its software suppliers and protected by United States and international copyright laws. Copyright 2007, Now That’s Organized, LLC dba Winston Gifts All Rights Reserved.  

 

Trademarks

All trademarks, service marks and trade names of Now That’s Organized, LLC dba Winston Gifts used in the sites are trademarks or registered trademarks of Now That’s Organized, LLC dba Winston Gifts.

 

Terms of Use Statement—Limitation of Liability

You understand and agree that the owners of this site, Now That’s Organized, LLC dba Winston Gifts shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damage for loss of profits, data or other intangible losses (even if Now That’s Organized, LLC dba Winston Gifts has been advised of the possibility of such damages), resulting from the use or the inability to use the product(s) and or service(s) or any misuse of the product(s) and or service(s) in a manner not in accordance with their intended use.

 

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Now That’s Organized, LLC dba Winston Gifts disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Now That’s Organized, LLC dba Winston Gifts does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Now That’s Organized, LLC dba Winston Gifts does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

 

Typographical Errors

In the event that a Now That’s Organized, LLC dba Winston Gifts product is mistakenly listed at an incorrect price, Now That’s Organized, LLC dba Winston Gifts reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Now That’s Organized, LLC dba Winston Gifts reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Now That’s Organized, LLC dba Winston Gifts shall issue a credit to your credit card account in the amount of the incorrect price.

 

Notice

Now That’s Organized, LLC dba Winston Gifts may deliver to you by means of email, a general notice on the site, or by other reliable method to the address you have provided to Now That’s Organized, LLC dba Winston Gifts.

 

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Mississippi, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Now That’s Organized, LLC dba Winston Gifts products) shall be in the state or federal courts located in DeSoto County, Mississippi. Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of Now That’s Organized, LLC dba Winston Gifts products) must be commenced within one (1) year after claim or cause of action arises. Now That’s Organized, LLC’s dba Winston Gifts failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Now That’s Organized, LLC dba Winston Gifts may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including Now That’s Organized, LLC dba Winston Gifts or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

 

Participation Disclaimer

Now That’s Organized, LLC dba Winston Gifts does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Now That’s Organized, LLC dba Winston Gifts is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability to any contents or activities on the site. However Now That’s Organized, LLC dba Winston Gifts reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark or, other intellectual property right of another or (d) offensive or otherwise unacceptable to Now That’s Organized, LLC dba Winston Gifts in its sole discretion.

 

Indemnification

You agree to indemnify, defend, and hold harmless Now That’s Organized, LLC dba Winston Gifts, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

Third-Party Links

In an attempt to provide increased value to our visitors, Now That’s Organized, LLC dba Winston Gifts may link to sites operated by third parties. However, even if the third party is affiliated with Now That’s Organized, LLC dba Winston Gifts, Now That’s Organized, LLC dba Winston Gifts has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Now That’s Organized, LLC dba Winston Gifts. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Now That’s Organized, LLC dba Winston Gifts seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

 

Privacy Statement

For each visitor to our Web page, our Web server automatically recognizes no information regarding the domain or e-mail address. We collect the email address of those who communicate with us via e-mail. The information we collect is used by us to contact consumers for marketing purposes. If you do not want to receive e-mail from us in the future, please let us know by sending an e-mail, calling or writing, and telling us that you do not want to receive e-mail from our company.