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Legal / Terms & Conditions

 Thank you for visiting The Milestone Gift. If you wish to use this website, you must agree to the terms and conditions described below.

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, PLEASE DO NOT USE OUR WEBSITE.

No warranties

The information on our website is provided on an ”as is,” ”as available” basis without any representations or warranties, express or implied. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, virus-free or that any defects in our website will be corrected.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

User Responsibility User assumes liability for using and publishing content derived from or as a direct result of this website, including but not limited to:  Fraudulent or misleading statements or publications, emails, or otherwise

Limitations of liability Website owner will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: • [to the extent that the website is provided free-of-charge, for any direct loss;] • for any indirect, special or consequential loss; or • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if the website owner has been expressly advised of the potential loss.

Please Note: Because of unforeseeable events and situations, website owner cannot guarantee the website or its services will always be available and cannot be held liable for damages, be it direct or indirect, as a result of the website or any of its services being non operable.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, friendships, relationships, alliances, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us, our affiliates, or content created. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

Exceptions Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit liability in respect of any: • death or personal injury caused by the website owner’s willful negligence; • fraud or fraudulent misrepresentation on the part of website owner; or • matter which it would be illegal or unlawful for website owner to exclude or limit, or to attempt or purport to exclude or limit, its liability.  

Reasonableness By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Accessibility:   We recognize many of our visitors have disability challenges viewing websites and will continue to make reasonable accommodations available. If you have problems accessing, viewing, or reading any of the content on our website or affiliated websites please contact us.

Other parties [You accept that the website owner has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against website owner’s officers or employees in respect of any losses you suffer in connection with the website.] [Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect website owner’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the website owner.

Third Party Sites/Services The Website(s) may include links to other websites or services (including advertisements, payment providers, or affiliates) solely as a convenience to you (“Linked Sites”). The inclusion of any Linked Site does not imply endorsement by the website owner of any third party, third party websites, or any association with the operators of such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of service/use posted at any third party or Linked Sites. The information, products, materials and services on Linked Sites may not be under the control of the website owner and the website owner does not provide or necessarily endorse any such Linked Sites or the information, products, materials or services contained on or available or accessible on or through any Linked Sites unless as stated on our pages. Website owner is not responsible if any Linked Site is not functioning properly. Website owner makes no express or implied warranties with regard to the information, delivery, products, materials or services that are contained on or accessible through any Linked Sites. Access and use of any Linked Sites, including the information, products, materials and services on any Linked Sites or available through any Linked Sites, is solely at your own risk, and you acknowledge and agree that the website owner is not responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by your use of any or dealings with any Linked Site or as the result of the presence of any advertisers on the Websites or available through any Third Party Platforms. Your correspondence or business dealings with, or participation in promotions of any advertisers found on or through the Websites, including in or through the Services, are solely between you and such advertiser. Any dealings with third parties, such as advertisers, included within the Websites or available on or through any Third Party Platform or participation in Promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Website owner is neither responsible nor liable for any part of such dealings with any third parties, including any Promotions.

Unenforceable provisions If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforce-ability of the other provisions of this website disclaimer.

Content Removal          Content may be removed by us (with or without notice) for any reason which may include (but not limited to) the following: Illegal Content , Copyright / Trademark Infringement, Adult Oriented Services, Pornographic, Inappropriate/Obscene, Spam, Nonsense, or Violent Material.

Accepted Content         We only accept .jpg, .pdf, .gif, .dox, .mp4, and .png files as uploads. Others file types or any deviation will not be accepted. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.    

You must not misuse our site by knowingly introduce viruses, trojan programs, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack, distributed denial-of service attack, or the like.   We will report any such breach to the relevant law enforcement authorities and prosecute to the fullest of the law.

Project Completion Timeline We strive to complete all projects as fast and with the highest quality as possible. However, please note, some things are out of our control, including (but not limited to): unforeseen hosting, internet, website and email issues, poor message quality, lack (and delay) of receiving “gift information” from our clients, and slow proofing of emails, etc… from clients.

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Additional Terms and Conditions

Minors We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other websites with any personal information.

Privacy & Anti-Spam Policies Our Privacy and Anti-Spam Policies are part of, and subject to, these terms and conditions of use. You can view our privacy policy on our website.

Modifications & Terminations These terms and conditions may change with or without notice. If such changes are made, they will be effective immediately, and if there is a significant change, we will notify you by a notice posted on our website’s home page of the changes that have been made or via email. If you disagree with the changes that have been made, you should not use our website.

We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail, and providing us with information relating to your concern.

Licensee Status You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee as determined by your purchase. We may terminate your license to use our website, products, services, and access to our website, for any reason, and without giving you notice.

Content Ownership All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail.

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us via e-mail. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

Obscene & Offensive Content Content deemed offensive at our discretion will be subject to removal and account termination without notice.

For example, content (including but not limited to audio, video, emails, and other communication) such as Pornography, X-Rated Material, Hate, Content that incites or promotes violence or illegal activities is not permitted on The Interactive Gift or any of its affiliated websites. The Interactive Gift reserves the right to make final determination on what shall be deemed not allowed for use on and within its systems. Should you have a question about the nature of the content you wish to promote on The Interactive Gift, please contact support directly.

If you are viewing an individual Interactive Gift website, message website, or received a Gift Email, we are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail so that we can investigate the matter.

We reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.

Indemnification You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.

Compliance, Governing Law, & Dispute Resolution You agree to obey all applicable laws while using our website.

You agree that the laws of Georgia govern these terms and conditions of use without regard to conflicts of laws provisions.

You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Atlanta MSA, Georgia, USA. Each party shall bear one half of the arbitration fees and costs incurred.

Severability of These Terms & Conditions If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

How to Contact Us Any questions or concerns about these terms and conditions of use should be brought to our attention by clicking on the contact link on this page, and providing us with information relating to your concern.

Entire Agreement These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website(s).

These terms and conditions were last updated on April 20th, 2022

Website owner reserves the right to change these terms and conditions with or without notice.

You can contact us at:

 support@themilestonegift.com

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform that content in connection with the service provided by the website.

Account Licenses All customer accounts are for private use only. No account sharing or reselling is allowed. That means that you cannot allow other people (either free or for a fee) to use our services or access to your account. Violation of these conditions could have your account terminated without any refund.