Terms & Conditions
Last Updated – November 12, 2020
The following are the terms of use ("Terms") that govern your use of this site (the "Site"), and your purchase, possession, or use of any products or services. In these Terms, “Company” means Forefront Networks, L.P. and its affiliated entities.
The Company’s privacy policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time.
The Company may make changes to these Terms at any time. Any changes the Company makes will be effective immediately when it posts a revised version of these Terms on the Site. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
The Company cannot prohibit minors from visiting the Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors.
Please note that while some of the events and products listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. The Company strongly encourages all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
- Restrict or inhibit any person from using the Site
- Use the Site for an unlawful purpose
- Express or imply that any statement you make is endorsed by the Company, without the Company’s prior written consent.
- Impersonate any person or entity, actual or fictitious, including any Company employee or representative
- Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes the Company’s or any third party’s rights; (b) any non-public information about companies without authorization; (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other unsolicited commercial communications
- Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful, or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous, or desirable, or contains any personal contact information or other personal information identifying any third party.
- Submit, or provide links to, any postings containing materials that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Engage in spamming or flooding
- Harvest or collect information about Site users
The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all merchandise obtained from the Site, (collectively, the "Content") are owned by the Company or its licensors. The Company may change the Content and features of the Site at any time.
The Company grants you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes. You will not:
- Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, or other items of a destructive nature
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit
- Link to any portion of the Site other than the URL assigned to the home page of the Site
- “Frame” or “mirror” any part of the Site
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content.
- Remove any copyright, trademark, or other proprietary rights notices contained on the Site.
- Use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvents the security structure, navigational structure, or presentation of the Content or the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company may revoke this exception at any time and require removal of archived materials previously gathered.
- Take any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the Company’s infrastructure
- Reproduce, modify, display, public perform, or distribute or create derivative works of the Site or the Content
- Use the Site or the Content in an attempt to, or in conjunction with, any device, program, or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in these Terms. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with these Terms exceeds the scope of the license granted to you, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes the Company’s rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos, and service marks displayed on the Site are owned by the Company or its licensors. You may not use the Company’s trademarks, logos, and service marks in any way without its prior written permission. You may inquire about obtaining permission by contacting the Company at contact@myholidaytraditions.com.
The Company may impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods.
You may not attempt to conceal your identity by using multiple Internet protocol addresses or email addresses, or by any other means, to conduct transactions on the Site.
You will not hold the Company liable if you do not comply with laws related to your transactions. The Company may provide law enforcement with information you provide to the Company related to your transactions to assist in any investigation or prosecution of you.
If the Company is unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if the Company is no longer able to verify or authorize your credit card or bank account information, your order may be cancelled, the Company may refuse to honor all pending and future purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. The Company may also prohibit you from using the Site.
You are prohibited from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to maintain the integrity of posted purchasing order rules.
If your purchase includes alcohol, the alcoholic beverage will be sold by and delivered on behalf of an authorized retailer in your county. You must be 21 years old or older to purchase. A person who is 21 years old or old must be present to accept the product when it is delivered
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Site infringes your copyright, you may send the Company a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on the Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow the Company to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send the Company a counter-notice.
Notices and counter-notices should be sent to Forefront Networks, L.P. at 411 Radam Lane, Austin, Texas 78745. There can be penalties for false claims under the DMCA. The Company suggests that you consult your legal advisor before filing a notice or counter-notice.
The Site contains links to other websites that may not be owned or operated by the Company. The fact that the Company links to those websites does not indicate any approval or endorsement of those websites. The Company has no control over those websites. The Company is not responsible for the content of those websites, or the privacy practices of those websites. The Company strongly encourages you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk, and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.
The Site is directed to people residing in the United States. The Company does not represent that Content available on or through the Site is appropriate or available in other locations. The Company may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
The Company may investigate any violation of these Terms, including unauthorized use of the Site. The Company may provide law enforcement with information you provide to the Company related to your transactions to assist in any investigation or prosecution of you. The Company may take legal action that it feels is appropriate. You agree that monetary damages may not provide the Company a sufficient remedy, and that it may pursue injunctive or other relief for your violation of these Terms. If the Company determines that you have violated these Terms or the law, or for any other reason or for no reason, the Company may cancel your account, delete all your user content, and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that the Company will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and the Company will not be required to make the Site or your account or any related information available to you. The Company may also cancel any merchandise order and merchandise acquired through your order. The Company may refuse to honor pending and future purchases made from all accounts it believes may be associated with you, or cancel an order associated with any person it believes to be acting with you or exercise any other remedy available to it.
THE COMPANY PROVIDES THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE." THE COMPANY TRIES TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE THE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN THE COMPANY AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. THE COMPANY’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, AND (B) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
If anyone brings a claim against the Company related to your use of the Site or the Content, your user content, or your violation of these Terms, you will indemnify, defend and hold the Company and its affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). The Company may take exclusive control and defense of any claim, and you will cooperate fully with the Company in asserting any available defenses.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE, OR TO PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY THE COMPANY OR THROUGH US, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, with the following exceptions: (i) You may assert claims in small claims court if your claims apply; and/or (ii) If the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced on in a federal or state court located within Travis County, Texas, and you and the Company both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
The Company and you each agree that 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, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness, however caused or contracted, and voluntarily waive all claims and potential claims against the Company and its affiliated companies relating to such risks.
The Company believes that these Terms do not contain any provision contrary to law. However, if any part of these Terms is determined to be illegal, invalid, or unenforceable: (a) that part will nevertheless be enforced to the extent permissible in order to effect the intent of these Terms, and (b) the remaining parts will be deemed valid and enforceable.
If you have any questions, comments, or complaints regarding these Terms or the Site, please contact the Company at 411 Radam Lane, Austin, Texas 78745 or contact@myholidaytraditions.com.