TEL: 1-800-692-0008 FAX: 1-650-692-4109

Terms Of Use

Welcome to Oritz Gift Service.
When you place orders with us, you are agreeing that both your access to the website and your use are governed by these Terms of Use.

These Terms of Use May Change

Oritz Gift Service reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use the website.

Ordering and/or Account Creation by Children under 13 Prohibited

The Oritz Gift Service site is not directed to children under the age of 13, and we do not permit children under 13 to order from our site or create an account.

Site Contents

All of the content you see on the website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Oritz Gift Service, one of its affiliates or by third parties who have licensed their materials to Oritz Gift Service. The entire content of the website is copyrighted as a collective work under U.S. copyright laws, and Oritz Gift Service owns a copyright in the selection, coordination, arrangement, and enhancement of the content. The content of the website, and the site as a whole, are intended solely for personal use by the users of the site. Purchases for the purpose of re-selling any items are prohibited. You may download, print and store selected portions of the content, provided you (1) only use such copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Oritz Gift Service reserves complete title and full intellectual property rights in any content you download from the Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the content without first obtaining written permission from Oritz Gift Service.

Submissions

All comments, feedback, suggestions, ideas, and other submissions unrelated to ordering or inquiries disclosed, submitted or offered to Oritz Gift Service on or by the website or otherwise disclosed, submitted or offered to Oritz Gift Service (collectively, "Comments") shall be and remain Oritz Gift Service’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Oritz Gift Service of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Oritz Gift Service is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments. You agree that no Comments submitted by you to Oritz Gift Service will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.

Messages

You may not use unlawful, obscene, profane, or threatening language or content in any message sent through the use of any of the various Oritz Gift Service messaging services available to customers (“Message”), including, without limitation, gift messages and messages sent when forwarding product information. Examples of the kinds of conduct or content that are prohibited in a Message include:

  • The transmission of any content that could violate, or could facilitate the violation of, any applicable law or regulation;
  • The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; or
  • The impersonation of any person or entity in any part of any Message.

We may, but are not obligated to, restrict or remove any and all content from a Message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Oritz Gift Service customers, or any third party.

Privacy and Your Information

Your information is subject to Oritz Gift Service’s Privacy Policy. You agree to the use of your information in accordance with our Privacy Policy.

Right to Correct Errors

From time to time there may be information on the website, in an email to you or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Oritz Gift Service reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Password Security

If you register for an account from the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Product Information

The prices displayed on the website or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S.

Disclaimer of Warranty

THIS WEBSITE IS PROVIDED BY ORITZ GIFT SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ORITZ GIFT SERVICE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ORITZ GIFT SERVICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ORITZ GIFT SERVICE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ORITZ GIFT SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ORITZ GIFT SERVICE, ITS CORPORATE PARENT(S), OR AFFILATES, NOR ANY OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold Oritz Gift Service, its corporate parent(s) and affiliates, and its and their respective directors, officers, employees, agents, contractors, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the website.

Liability

To the fullest extent permitted by applicable law, in no event shall Oritz Gift Service, its corporate parent(s)/affiliates, its suppliers, its directors, officers, employees, agents, contractors, successors, and/or assigns (collectively “Oritz”) be liable to you or to any third party for any lost profits or special, incidental, indirect or consequential damages (however arising, including negligence) arising out of or in connection with the use or malfunction of the website or your account, including, without limitation, damage to property and, to the extent permitted by applicable law, damages for personal injury, even if Ortiz has been advised of the possibility of such damages or loss. The liability of Ortiz to you or to any third party is limited to $100 or the purchase amount, whichever is greater. You agree to waive any right to equitable relief, including, without limitation, injunctive relief against Ortiz to enforce the terms hereof. However, the foregoing shall not preclude Ortiz from seeking any injunctive relief. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.

User Conduct

You agree to use the website only for lawful purposes and to comply with all applicable laws regarding your use of the website.  You agree not to take any action that might compromise the security of the website, render the website inaccessible to others, or otherwise cause damage to the website or its content.  You agree not to use the website in any manner that might interfere with the rights of third parties.

Termination of Usage

Oritz Gift Service may terminate your access, or suspend your access to all or part of the website, without notice, for any conduct that Oritz Gift Service, in its sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, is inappropriate, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, Oritz Gift Service, or its corporate parent(s) or affiliates.

Applicable Law

These Terms of Use shall be governed in all respects by the laws of the State of California, excluding its rules governing conflict of laws.  You agree that any claim or dispute you may have against Oritz Gift Service must be resolved by a court located in California. You agree to submit to the personal jurisdiction of the courts located within San Mateo County, California for the purpose of litigating all claims or disputes.

Waiver

The failure of Oritz Gift Service to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Severed Provisions

If any provision of these Terms of Use is unenforceable, that provision shall be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions.

Oritz Gift Spring Catalog 2018
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