Terms & Conditions of Use

Last Modified: August 25, 2023

Acceptance of the Terms of Service

These Terms and Conditions of Use are entered into by and between You and Wall Street Greetings, and/or related and affiliated entities (collectively “WSG”, “us” or “we”). The following terms and conditions, together with our Privacy Policy and any other general privacy documents (collectively, these “Terms of Service” and or “Terms”), govern your access to and use of the websites that post a link to these Terms of Service at:

www.wallstreetgreetings.com or www.horseshoegreetings.com (our “Website”), applications, or other services we offer where these Terms of Service are posted, including any content, features, functionality, and services offered on or through the same, that we make available to you (collectively, the “Services”), whether as a guest or a registered user and regardless of how you access or use it, whether via computer, mobile device or otherwise.

These Terms of Service are also available in PDF form here. Individuals with disabilities who are unable to usefully access our Terms and Conditions of Use online or via PDF may contact us to obtain a copy of our Terms in another, more easily readable format. See the “Contact Us” section below for information on how to reach out to us

Please read the Terms of Service carefully before you start to use the Services.

By visiting any of our Services that link to these Terms, you are signifying your assent to these Terms and our Privacy Policy, which is incorporated herein by reference. Any products ordered or services used through any of our Services are also governed by these Terms. We may revise these Terms from time to time by posting a revised version. Your continued use of any of the Services after we post any changes will constitute your acceptance of such changes. In addition, by ordering products or using services, you acknowledge that you have read and reviewed these terms in their entirety, you agree to these terms and the Privacy Policy and these terms constitute binding and enforceable obligations on you. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 16 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. Unless we state otherwise, all changes are effective upon notice and apply to all access to and use of the Services thereafter. However, any changes to the provisions set forth in Jurisdictional Issues or Governing Law herein will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes.

Privacy

All information that you provide to us or that we collect through your use of the Services is subject to our Privacy Policy found on our Website. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Accessing and Using the Services

We reserve the right to withdraw or amend the Services, including any content, information, or other materials we provide through or in connection with the Services (“Service Content”) in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services or Service Content is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services or Service Content.

To access the Services, you may be asked to create an account by providing certain registration details or other information. Regardless of whether you register with us or use the Services as a guest, it is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You will immediately notify us of any unauthorized use of your account on any of our Services.

In order to create a member account with any of our Services, you must be at least 18 years of age. If you are not, please do not set up an account with any of our Services. You may continue to access and use the account if you are at least 16 years of age.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Mobile Device Access

To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services or applications may be prohibited or restricted by your carrier, and not all mobile services or applications may work with all carriers or devices. In the event you change or deactivate your mobile telephone number, you agree to promptly update your WSG account information.

Intellectual Property

The WSG and Horseshoe Greetings names and the WSG and Horseshoe Greetings logos and all related names, logos, product and service names, designs and slogans are trademarks of WSG/Horseshoe Greetings or its licensors. You must not use such marks without the prior written permission of WSG/Horseshoe Greetings. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

The Services and Service Content and all rights therein are owned by WSG, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our Services, including any images, text, graphics, sounds, data, links and other materials incorporated into our Services (other than your User Contributions as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized hereunder, our Services may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our Services, in whole or in part, at any time in our sole discretion. Any use of the Services and/or Service Content not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

Promo Codes

WSG may, in its discretion, provide you with codes from time to time which allow you to use the Services without or with reduced payment (“Promo Codes”). You agree that Promo Codes are personal to you and may not be sold, transferred, or shared with third parties. Without limiting the foregoing, you agree not to post Promo Codes on websites or otherwise share them with the public. Promo Codes have no cash value and may expire prior to your use. We reserve the right to disable a Promo Code that has been issued at any time and for any reason.

Fees and Payment; No Refunds

WSG offers several different purchase options for use of the Services. If you wish to make a purchase, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. You agree to promptly update your account information with any changes that may be necessary (for example, a change in your billing address or credit card expiration date). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

FEES PAID BY YOU ARE NON-REFUNDABLE. You can reference our Refund Policy for more information regarding returning your order. Time to time and in our sole discretion, we may choose to provide to you with a one-time refund, discount, or other consideration (“credit”). The provision of a credit to you in one instance does not entitle you to a credit in the future for a similar instance, nor does it obligate us to provide credits in the future, under any circumstance. If you have a question about our refund policy, contact WSG. (See Notices to Us and Your Comments and Concerns below in Section 29)

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on our Services. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on our Services at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through our Services. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

The personalized products we offer are made to order, and we reserve the right to charge your payment account method immediately when you place your order for such products. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you).

User Conduct

You may use the Services and Service Content only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services or Service Content:

Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our Services or any Service Content
Delete or alter any copyright, trademark or other proprietary rights notices from the Services or any Service Content.
Access or attempt to access images that are not your images or accounts that you do not own, unless given permission by the image subject (or, in the case of a minor, the image subject’s parent or legal guardian);
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
Restrict or inhibit any other user from using any of our Services, including, without limitation, by means of “hacking” or defacing any portion our Services;
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or Service Content, or which, as determined by us, may harm WSG or users of the Services or expose them to liability.
Use the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Upload to, transmit through, or display on any of our Services (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Use our Sites or Apps to store, transfer, or distribute content of or on behalf of third parties, to operate your own file storage application or service, or to operate a photography business or other commercial service;
Engage in spamming;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
Crawl, scrape, or spider any aspects of our Services;
for any purpose, including monitoring or copying any Service Content.
Use any manual process to monitor or copy any Service Content or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Display adult nudity or inappropriate child nudity;
Upload photographs of people who have not given permission for their photographs to be uploaded or shared; and
Post objectionable material, such as material containing hate or malicious content or offers for adult services, or material inciting or advocating terrorism or violence.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the servers on which the Services or Service Content are stored, or any server, computer or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate WSG, a WSG employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
Otherwise attempt to interfere with the proper working of the Services.

User Contributions

WSG may, in its sole discretion, permit you from time to time to post, submit, publish, display or transmit (hereinafter, “submit”) to WSG through the Services content or materials including, without limitation, feedback related to the Services.

Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, “User Contribution”) are subject to the following terms and conditions:

Any User Contribution you submit will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates, business partners, and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, without further notice to or consent from you, and without payment to you or any person or entity.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not WSG, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions submitted by you or any other user of the Services.

You either own or control all rights in and to the User Contributions or have the right to grant the license granted above to us and our affiliates, business partners, and service providers, and each of their and our respective licensees, successors and assigns.

Your User Contributions will not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or otherwise violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.

You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Contributions to use such individual’s likeness, for purposes of using and otherwise exploiting the User Contributions in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Contributions.
You agree that we may (but are not obligated to) filter any User Contributions (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Contributions (including, without limitation, suspending processing and shipping of any order relating to any User Contributions) and/or disclose any User Contributions and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Contributions; (iii) your activities in connection with obtaining any products or services from us, or (iv) any activity related to access to or use of your account by you or any other person.
User Contributions that violate these Terms may be removed from our Services; provided, however, that we have no obligation to remove User Contributions in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Contributions from our Services. We recommend you keep back-up copies of your User Contributions on your hard drive or other personal system.
All of your User Contributions do and will comply with these Terms of Service.

While we are not obligated to review User Contributions for copyright or trademark infringement, we are committed to protecting copyrights and trademarks and expect users of our Services to do the same. Neither your User Contributions nor use of your User Contributions as contemplated herein will infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity as described. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances.

Monitoring and Enforcement; Termination

We have the right to:

Disclose your identity or other information about you to any third party who claims that material posted by you through or in connection with your use of the Services is defamatory or otherwise violates their rights, including their intellectual property rights or their right to privacy.
Disclose your identity or other information about you to any third party who claims that any act or omission attributable to you violates its rights, applicable law, or these Terms of Service.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services or otherwise in any way related to your use of the Services. YOU WAIVE AND HOLD HARMLESS WSG AND ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by WSG, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WSG. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to Services

We may update the Service Content from time to time, but the Service Content is not necessarily complete or up-to-date. Accordingly, any of the Service Content may be out of date at any given time, and we are under no obligation to update such material.

Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

Idea Submission Policy

Other than those we have specifically requested (and to which specific additional terms apply), our policy is not to accept or consider ideas or suggestions submitted by our users. We have adopted this policy in order to avoid confusion and misunderstandings in case that your ideas, suggestions, or other materials are similar to ones that have developed (or may develop) independently. Therefore, we are not responsible for any ideas, suggestions, or materials submitted to us. If you still choose to send us ideas, suggestions, or other materials, you agree that we are free to use these ideas, suggestions, or other materials in any way that it may deem fit without any liability or payment of any kind to you.

Social Media Features

The Services may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Services.
Send e-mails or other communications with certain content, or links to certain content, on the Services.
Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion. We encourage you to review the Terms of Use and Privacy Policy of any such social media sites.

Third Party Sites and Services

The Website and Apps may link to or may be accessed in connection with other sites, services, or resources that are provided by third parties (“Third Party Sites”). These links or the ability to access other sites, services, or resources from the Website and Apps are provided for your convenience only. We have no control over the content of those sites, services, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites, services, or resources linked to or otherwise accessible from the Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such sites.

Other sites may provide links to our Services with or without our authorization. We do not endorse such sites, and are not and will not be responsible or liable for any links from those sites to our Services, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.

We will have the right, at any time and in our sole discretion, to block links to our Services through technological or other means without prior notice.

Geographic Restrictions

The owner of the Services is based in the state of Kentucky in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WALL STREET GREETINGS NOR ANY PERSON ASSOCIATED WITH WALL STREET GREETINGS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WALL STREET GREETINGS NOR ANYONE ASSOCIATED WITH WALL STREET GREETINGS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO USER CONTRIBUTIONS PROVIDED BY YOU.

WALL STREET GREETINGS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WALL STREET GREETINGS, ITS AFFILIATES, BUSINESS PARTNERS, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, SERVICE CONTENT, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL WALL STREET GREETINGS’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES EXCEED THE GREATER OF (1) THE AMOUNT YOU HAVE PAID TO WALL STREET GREETINGS IN THE LAST TWELVE (12) MONTHS; OR (2) FIVE-HUNDRED DOLLARS ($500 U.S.).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification and Release

You agree to indemnify and hold harmless WSG and its and respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of any information obtained from the Services.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Jurisdictional Issues

Our Services are controlled and operated from the United States. Our Services are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that any of our Services, products, and/or services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access WSG do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of our Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Governing Law

All matters relating to the Services and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the State of Kentucky or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Services shall be instituted exclusively in the state or federal courts of Kentucky although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state or country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Service shall remain in force.

No Assignment; Waiver and Severability

You may not assign these Terms of Service without WSG’s prior written consent and any purported assignment in violation of these Terms of Service shall be void.

No waiver of by WSG of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WSG to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Entire Agreement

The Terms of Service (including our Privacy Policy and any other Additional Terms incorporated by reference) constitute the sole and entire agreement between you and WSG with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Notices to You

We may provide notice to you either by posting on our Website, sending a general notice to you through the Services, notifying you by email, or by sending you notice through first-class or regular mail. Unless our notice to you states otherwise, such notices shall be deemed to have been given (a) twenty-four (24) hours after such notice is posted on our website, sent by email, or sent through the Services, or (b) forty-eight (48) hours after mailed (if sent by first class regular mail).

Notices to Us and Your Comments and Concerns

All legal notices to WSG should be sent by certified or registered mail, return receipt requested, postage prepaid to the following address Wall Street Greetings, LLC, 3265 Pinckard Pike, Versailles, KY 40383. Such notice shall be effective upon receipt by us.

All notices of intellectual property infringement claims should be sent to : info@wallstreetgreetings.com

All other feedback, comments, requests for customer or technical support, and other communications relating to the Services should be directed to WSG at info@wallstreetgreetings.com.