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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING, OR USING THIS WEBSITE, ONLINE SERVICE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE, ALONG WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE, ONLINE SERVICE OR MOBILE APPLICATION.

These Terms of Use apply to your access to, and use of, all or part of any website, online service or mobile application of Accelebrate, Inc. and/or its subsidiaries and affiliated companies (collectively, "Accelebrate"), and any other website, online service, or mobile application where these Terms of Use are posted or are accessible via hyperlink (collectively, the "Sites").

General

Accelebrate reserves the right to change or modify these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. Any modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such modifications. Your continued use of the Sites will confirm your acceptance of such modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop accessing and using the Sites.

Privacy Policy

You confirm that you have read our Accelebrate Privacy Policy and Online Privacy Policy (collectively, the "Privacy Policies"), the terms of which are incorporated herein, and agree that the terms of the Privacy Policies are reasonable. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in our Privacy Policies. Please visit the Privacy Policies by clicking on this https://www.accelebrate.com/privacy.

Conduct

In using the Sites, you are prohibited from any resale or commercial use of the Sites or any Content (as defined below); any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or any Content; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Accelebrate. You may not frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property or proprietary information (including images, text, page layout, or form) of Accelebrate or our business affiliates without the express written consent of Accelebrate. You may not use any meta tags or any other "hidden text" utilizing Accelebrate's name or trademarks without the express written consent of Accelebrate. You shall be solely liable for any damages resulting from any infringement of any intellectual property or proprietary right, or any other harm resulting from your unauthorized use of the Sites.

Unless otherwise specified, the Sites are for your personal and non-commercial use. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, print and copy portions of the material from the different areas of the Sites solely for your own non-commercial use. No rights or licenses to the material or any portion thereof are granted, explicitly or impliedly, and you may not modify, reproduce, distribute, republish, display or transmit any Content without the prior written permission of Accelebrate.

Data integrity

You represent that all of the information, data and other materials you provide on this Site or to Accelebrate through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

Privacy Policy

A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Site is located at https://www.accelebrate.com/privacy. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion, and post an updated version of the notice at the website address provided above. It is your responsibility to check periodically for any changes we make to the Privacy Policy, but if a revision, in our sole discretion, is material, Accelebrate will notify you. Your continued use of this Site after any changes to the Privacy Policy means you accept the changes. No changes to the Privacy Policy occurring after a dispute between you and Accelebrate arises will apply retroactively.

License and Site Access

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Accelebrate, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.

Accelebrate grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Accelebrate or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Accelebrate's sole discretion. Accelebrate strictly prohibits any other use of any content available through the Site, including but not limited to:

  1. Any downloading, copying or other use of the content or the Site for purposes competitive to Accelebrate or for the benefit of another vendor or any third party;
  2. Any caching, unauthorized linking to the Site or the framing of any content available on the Site;
  3. Any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
  4. Any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
  5. Using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
  6. Any action that imposes or may impose (in Accelebrate’s sole discretion) an unreasonable or disproportionately large load on Accelebrate's infrastructure, or damage or interfere with the proper working of our infrastructure.

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Accelebrate.

Accelebrate reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Accelebrate neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Accelebrate. Termination of your access or use will not waive or affect any other right or relief to which Accelebrate may be entitled, at law or in equity.

Content You Submit

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:

  1. Is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws;
  2. May contain software viruses or malware;
  3. Contains advertisements or solicitations of any kind, or other commercial content;
  4. Is designed to impersonate others;
  5. Contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
  6. Contains messages by non-spokesperson employees of Accelebrate purporting to speak on behalf of Accelebrate or containing confidential information or expressing opinions concerning Accelebrate;
  7. Contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
  8. Contains multiple messages placed within individual folders by the same user restating the same point;
  9. Contains chain letters of any kind; or
  10. Contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

With respect to any content you submit or make available through the Site (other than personal information, which is handled in accordance with the Privacy Policy, you grant Accelebrate a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Accelebrate.

Links

This Site may contain links to other websites or resources that are operated by third parties not affiliated with Accelebrate. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Accelebrate is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

DISCLAIMERS

THE SITES AND ALL CONTENT, INFORMATION, SERVICES, AND PRODUCTS OF THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ACCELEBRATE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS, MISTAKES OR OMISSIONS IN THE CONTENT OR PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITES.

UNDER NO CIRCUMSTANCES SHALL ACCELEBRATE, ITS AFFILIATES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE PRODUCTS, SERVICES OR THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR SERVICEs, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM Accelebrate OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ACCELEBRATE'S RECORDS, PROGRAMS, OR SERVICES.

UNLESS OTHERWISE SPECIFICALLY STATED TO THE CONTRARY, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE ("OFFERS') ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. PRODUCTS AND OFFERS MAY VARY AND ARE SUBJECT TO AVAILABILITY, DELIVERY RULES AND TIMES. OFFERS CANNOT BE COMBINED, ARE NOT AVAILABLE ON ALL PRODUCTS AND SERVICES AND ARE SUBJECT TO RESTRICTIONS, LIMITATIONS AND BLACKOUT PERIODS. PROMOTIONAL OFFERS (AS DEFINED BELOW) ARE LIMITED TO ONE PER CUSTOMER ORDER, ARE NON-TRANSFERABLE, ARE NOT FOR RESALE AND MAY NOT BE REDEEMED FOR CASH. PRICES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. VOID WHERE PROHIBITED.

ACCELEBRATE RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, DISCOUNTS, GIFT CARDS, GIFT CERTIFICATES, AND ANY AND ALL OTHER SIMILAR DEVICES AND PROMOTIONAL OFFERS OR CAMPAIGNS ("PROMOTIONAL OFFERS") IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.

YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF ACCELEBRATE AND THAT OF ITS AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA PLATFORM AND PARTICIPATING RETAIL STORES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITES, AND THAT ACCELEBRATE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES. ACCELEBRATE MAKES NO WARRANTY THAT (I) THE SITES WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES OR PURSUANT TO YOUR USE OF THE SITES WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS ON THE SITES WILL BE CORRECTED; OR (VI) THE SITES OR SERVICES ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO ALL OR A PORTION OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL ACCELEBRATE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FROM LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ACCELEBRATE HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, ACCELEBRATE WILL NOT BE LIABLE FOR THE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITES OR FROM ANY CONTENT POSTED ON THE SITES BY ACCELEBRATE OR ANYONE ELSE. ACCELEBRATE DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY USER-GENERATED CONTENT DISPLAYED, UPLOADED, POSTED ON ANY MESSAGE BOARD, OR OTHERWISE DISTRIBUTED THROUGH THE SITES AND WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM USER-GENERATED CONTENT. HOWEVER, NOTHING IN THIS PARAGRAPH WILL BE INTERPRETED TO AFFECT THE INDIVIDUAL PRODUCT WARRANTIES THAT ARE STANDARD FOR ACCELEBRATE PRODUCTS, COURSES AND SERVICES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES OR THE CONTENT IS TO STOP USING THE SITES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESS, BROWSING, OR USE OF THE SITES, OR THE DOWNLOADING OR USE OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THE SITES.

ACCELEBRATE'S SOLE MAXIMUM LIABILITY WILL BE, WITHIN ITS SOLE DISCRETION, NOT MORE THAN TO REFUND THE ACTUAL PURCHASE PRICE PAID BY You FOR ANY PARTICULAR PRODUCT, COURSE OR SERVICE.

YOU AND ACCELEBRATE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnities

You will indemnify and hold harmless Accelebrate from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys' and experts' fees), incurred by Accelebrate and such parties, and shall defend Accelebrate and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable U.S. of foreign law or the rights of a third party. Accelebrate will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Accelebrate.

Electronic Communications

When you use the Site or send emails to Accelebrate, you are communicating with Accelebrate electronically. You consent to receive electronically any communications related to your use of this Site. Accelebrate will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Accelebrate intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Accelebrate Sites.

Site-Provided Email and Postings

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Accelebrate is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. Accelebrate, in its sole discretion, may monitor, not post or remove any such content.

Access to Password Protected Site Features

Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Accelebrate immediately. Accelebrate may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.

Trademarks and Copyrights

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Accelebrate or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Accelebrate or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Accelebrate's express written consent. Further, you may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without Accelebrate's express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S. and foreign laws.

Claims of Intellectual Property Infringement

Accelebrate respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that Accelebrate has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Accelebrate members who are repeat copyright infringers. Accelebrate may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Accelebrate’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and, if available, email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Accelebrate’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Accelebrate
Attn: Legal Department
925B Peachtree St NE PMB 378
Atlanta, GA 30309-3918

By phone:
877 849 1850 x707

By email:
[email protected]

Accelebrate may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

Survival of Terms After Agreement Ends

Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

Force Majeure

Accelebrate shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Accelebrate. In the event that Accelebrate is temporarily unable to ship to you a purchased item because of such an event, Accelebrate will give you the option of deferring shipment or receiving a refund of your charges.

Dispute Resolution

Except as otherwise provided below, all disputes and claims between you and Accelebrate, arising out of or in connection with or relating to these Terms of Use shall be resolved, at the filing party's election, in either a small claims court or by final and binding arbitration administered by JAMS before a sole arbitrator in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, available www.jamsadr.com, as modified by this agreement to arbitrate. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. Further, unless both you and Accelebrate agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim without affecting other individuals. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT), TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision of these Terms of Use, Accelebrate may resort to court action for injunctive relief at any time.

General

From time to time, Accelebrate may offer special promotional offers that may or may not apply to your Accelebrate account. You agree to be bound by any additional terms and conditions for these special offers.

If any of the provisions set forth in these Terms of Use are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms of Use and the relationship between you and Accelebrate will be governed by the laws of the State of Georgia, to the extent not preempted by or inconsistent with federal law, without regard to its conflict of law provisions. For any actions not subject to arbitration, we each agree to submit to the personal jurisdiction of a state court located in Fulton County, Georgia or the United States District Court for the Northern District of Georgia.

The failure of Accelebrate to act with respect to a breach of these Terms of Use by you or others does not waive Accelebrate's right to act with respect to subsequent or similar breaches. If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Accelebrate does not guarantee it will take action against all breaches of these Terms of Use. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

Changes to These Terms of Use

You acknowledge and agree that Accelebrate may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use under any circumstances. The current version of these Terms of Use is available at https://www.accelebrate.com/terms. It is your responsibility to check periodically for any changes we make to the Terms of Use, but if a revision, in our sole discretion, is material, Accelebrate will notify you. Your continued use of this Site after any changes to the Terms of Use means you accept the changes. No changes to the Terms of Use occurring after a dispute between you and Accelebrate arises will apply retroactively.

Assignment

You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Accelebrate, which may be withheld at Accelebrate's sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Accelebrate may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.

Entire Agreement and Admissibility

These Terms of Use constitute the entire agreement and understanding between you and Accelebrate with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

In some instances, both of these Terms of Use and a separate document that provides additional conditions may apply to a service or product offered via this Site ("Additional Terms"). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at [email protected]. You also may write to us at:

Accelebrate, Inc.
Attn: Privacy Department
925B Peachtree Street NE PMB 378
Atlanta, GA 30309-3918

 

Last Modified: December 15, 2015

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925B Peachtree Street, NE
PMB 378
Atlanta, GA 30309-3918
USA

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