ACCEPTANCE OF TERMS

Commemorative Brands, Inc./Keepsake (“CBI/Keepsake”) makes available for your use on this Web site (the “Site”) information, documents, and products (collectively, the “Materials”) and various services (the “Services”), subject to the terms and conditions set forth in this document (the “Terms of Use”). By accessing this Site, you agree to the Terms of Use. CBI/Keepsake reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using, accessing, or retrieving particular Materials or Services on this Site, you shall be subject to any posted guidelines or rules applicable to such Materials or Services that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials or Services downloaded, cached, retrieved, printed, or stored from the Site.

INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE

The Materials and Services on this Site are protected by patent law, copyright law, publicity rights law, moral rights law, trade secret law, trade dress law, trademark law, unfair competition law, and/or other similar protections (hereafter referred to as “Intellectual Property Rights”) and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, CBI/Keepsake and its suppliers do not grant any express or implied right to you under any Intellectual Property Rights with respect to the Materials and Services.

Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of CBI/Keepsake.

Use of Site Information. Except as otherwise indicated elsewhere on this Site, you may view, download, retrieve, access, store and print the documents and information available on this Site subject to the following conditions:

1. The documents and information may be used solely for personal, informational, educational, non-commercial purposes.
2. The documents and information may not be modified or altered in any way.
3. You may not remove any copyright or other proprietary notices contained in the documents and information.
4. CBI/Keepsake reserves the right to revoke the authorization to view, download, retrieve, access, store and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from CBI/Keepsake.
5. The rights granted to you constitute a license and not a transfer of title.
6. You may not sell or resell Materials and Services.
7. You may not modify, reproduce, display, publicly perform or otherwise use the Materials and Services in any way not expressly authorized under the Terms of Use.
8. You may not use the Materials and Services on any other web site or in any other networked computer environment for any purpose.
9. You shall not copy or adapt the HTML or other code that CBI/Keepsake creates to generate pages on the Site.
10. The pages and elements on this Site are protected by Intellectual Property Rights, owned by CBI/Keepsake, and are not licensed hereby. You may not copy or imitate, in whole or in part, the pages and elements on this Site. The rights specified above to view, download, retrieve, access, store and print the documents and information available on this Site are not applicable to the design or layout of this Site.

Cookies. You acknowledge that the Site uses cookies on certain pages and that many features and services on the Site may be available only through the use of a cookie. You expressly authorize CBI/Keepsake to generate and utilize cookies that shall be stored on the hard drive of the computer used to access the Site. You are free to decline cookies if your browser permits, but some loss of the features, Materials and Services offered via the Site may occur as a result.

No Exclusive Rights. No exclusive right of any kind is granted to you under the Terms of Use.

Derivative Works. You are prohibited from creating derivative works or other modifications of any of the Materials and Services or of any portion of the Site. If you create derivative works of the Materials and Services or of any portion of the Site through the written permission of the Site or otherwise, you hereby assign, transfer and set overall worldwide rights, title and interest, including all Intellectual Property Rights, to any and all portions of such derivative works, unless otherwise specified in writing. You agree to execute all necessary documents and cooperate fully with CBI/Keepsake in order to perfect any assignments required by the Terms of Use.

Redistribution. You are prohibited from redistributing any of the materials provided over the Site in any form of printed or electronic communication including expressly, but not limited to, magnetic media, the Internet or photocopies.

CONFIDENTIAL INFORMATION; PRIVACY

Please note that CBI/Keepsake does not want to receive confidential or proprietary information from you through our Site. Any non-personal information or material sent to CBI/Keepsake will be deemed NOT to be confidential. By sending CBI/Keepsake any non- personal information or material, you grant CBI/Keepsake an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute non-personal materials or information, and you also agree that CBI/Keepsake is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (i) you grant us permission to do so; (ii) we first notify you that the materials or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (iii) we are required to do so by law.

Security. You expressly acknowledge that security risks are an inherent risk of doing business on the Internet. In particular, you acknowledge that third parties may unlawfully intercept or access transmissions or private communications of yours. Although CBI/Keepsake intends to use industry standard practices for securing the Site, you acknowledge that CBI/Keepsake does not warrant or represent that information communicated to or from the Site will be free from tampering or interception by third parties. In particular, and not withstanding any other provision in the Terms of Use, CBI/Keepsake does not warrant that information communicated to or from the Site shall not be disclosed to third parties or otherwise remain private.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND CBI/KEEPSAKE, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CBI/KEEPSAKE MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE USE OF SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED, AND/OR (vi) YOU MAY USE, PRACTICE, EXECUTE, OR ACCESS MATERIALS AND SERVICES WITHOUT VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS FROM THE DATE YOU FIRST VIEW, DOWNLOAD, RETRIEVE, ACCESS OR PRINT THE MATERIALS OR SERVICES.

THIS SITE COULD INCLUDE TECHNICAL MISTAKES, INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER MISTAKES. CBI/KEEPSAKE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND CBI/KEEPSAKE MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES OR THAT OUT-OF-DATE MATERIALS OR SERVICES WILL OPERATE PROPERLY OR IN AN ERROR- FREE MANNER. THE USE OF THE SITE AND THE MATERIALS AND SERVICES IS AT YOUR OWN RISK.

CBI/KEEPSAKE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL CBI/KEEPSAKE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT CBI/KEEPSAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

ANY MATERIALS AND SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CBI/KEEPSAKE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Third-Party Web Sites. This Site contains links to third-party Web sites that are not under the control of CBI/Keepsake. CBI/Keepsake makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-CBI/Keepsake Web site, you do so at your own risk and CBI/Keepsake is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. CBI/Keepsake provides these links merely as a convenience and the inclusion of such links does not imply that CBI/Keepsake endorses or accepts any responsibility for the content or uses of such Web sites.

International Access. This Site can be accessed from other countries around the world and may contain references to CBI/Keepsake products, services, and programs that have not been announced in your country. These references do not imply that CBI/Keepsake intends to announce such products, services or programs in your country.

USER PROVIDED MATERIALS AND SERVICES; PROHIBITED COMMUNICATIONS AND ACTIONS

Specific Use Restrictions. You shall not use the Site in order to post, transmit, distribute, store or destroy any information: (i) in violation of any applicable law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (ii) in a manner that will infringe the Intellectual Property Rights of others or violate the privacy, publicity or other personal rights of others; (iii) that is defamatory, trade libelous, obscene, threatening, abusive or hateful; (iv) that contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) that includes any incomplete, false, inaccurate, or misleading information or information; or (vi) that advertises or promotes a franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), or requires recruitment of other members, sub-distributors or sub-agents.

Security Breeches. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing,” “crashing”, denial of service attacks and other attacks; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any posting; or (vi) deleting or revising any material posted on the Site by any other person or entity. If you have a password allowing access to a non-public area of the Site, you shall not disclose the password to any third parties or use the password for any unauthorized purpose.

Interference and Use of Outside Software. You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this site. You shall not take any other action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. Notwithstanding any provision of the Terms of Use, you shall not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to monitor, copy, navigate or search the Site other than the search engine and search agents available from the Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Internet Explorer).

INDEMNITY

You agree to indemnify and hold CBI/Keepsake, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any loss, liability, claim, damages, demand, cost, expense, dispute, action or litigation, including reasonable attorneys’ fees, made by any third party due to or arising out of content, materials and services you submit, post to, transmit or provide through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. The foregoing indemnity shall survive and continue in force after the termination of these Terms of Use without limitation. If you fail to accept the defense of the matter as above provided, CBI/Keepsake shall have the full right to defend against any such claim or demand, and shall be entitled to settle or agree to pay in full such claim or demand, in its sole discretion, and seek payment from you hereunder.

Termination by CBI/Keepsake. CBI/Keepsake may terminate the Agreement immediately in the event of: (i) failure by you to pay any fee or make any other payment within seven (7) days of the due payment date; (ii) any use of the Site by you outside the scope permitted by these Terms of Use or (iii) any other material breach of these Terms of Use.

GOVERNING LAW AND JURISDICTION

By accessing this Site, you and CBI/Keepsake agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. You and CBI/Keepsake also agree and hereby submit to the exclusive personal jurisdiction and venue of the State Courts of Travis County and the United States District Court for the Northern District of Texas with respect to such matters. CBI/Keepsake makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

TRADEMARK INFORMATION

You acknowledge that trademarks, logos, service marks and other proprietary marks (“Marks”) may be displayed on this Site which are the property of CBI/Keepsake or other third parties. You are not permitted to use the Marks without the prior written consent of CBI/Keepsake or such third party which may own the Marks. CBI/Keepsake and the CBI/Keepsake logo are trademarks of CBI/Keepsake.

Keepsake

7211 Circle S. Road

Austin, TX 78745
1-800-982-6515