Terms & Conditions

Welcome to ElizabethWoodson.com, the Website of Elizabeth Woodson Gift Baskets. (“Elizabeth Woodson,” “we,” “us,” or “our”) owns and operates this website. Your use of this website is governed by the following Terms of Service & Conditions.
ElizabethWoodson.com reserves the right to update or alter these Terms of Service & Conditions 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 Service & Conditions as modified. 
By using this Website, you acknowledge and agree that you have read and understand these terms, the privacy policy and any additional or modified terms, and agree to be bound by all of them.

TERMS OF SERVICE & CONDITIONS

Privacy 
Please review our privacy policy which also governs your visit to this website, to understand our privacy practices.

Site Contents
All content included on this Website such as text, photographs, logos, graphics, illustrations, audio clips, video clips, digital downloads, data compilations, and the compilation (including the collection, selection, assembly and arrangement) of such materials is the property of ElizabethWoodson.com and is subject to trademark, copyright, service mark, trade dress, and/or other intellectual property rights or licenses held by ElizabethWoodson.com or by third parties who have licensed their materials to ElizabethWoodson.com. 
ElizabethWoodson.com, our logo, photographs, trademarks and service names are the property of Elizabeth Woodson. The elizabethwoodson.com domain name is the property of Elizabeth Woodson. Elizabeth Woodson trademarks and trade dress may not be used in connection with any product or service that is not offered for sale or otherwise provided by Elizabeth Woodson or in any manner that is likely to cause confusion among customers, or in any manner that disparages or defames Elizabeth Woodson or this website. All other trademarks, service marks, logos, designs, and trade dress not owned by Elizabeth Woodson that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Elizabeth Woodson.
The content of the Website, and the site as a whole, are intended solely for personal, noncommercial use. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on the internet or broadcast the content in any media, (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice, (4) do not use the material in a manner that would compete with, achieve commercial gain, or damage the goodwill associated with ElizabethWoodson.com, and (5) do not use the material in a manner that suggests an association with any of our services or products (unless otherwise authorized in writing by ElizabethWoodson.com.) 
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. ElizabethWoodson.com reserves complete title and full intellectual property rights to 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 ElizabethWoodson.com.

Links
You acknowledge that this Website may contain links to other websites not controlled, operated or owned by ElizabethWoodson.com. Because ElizabethWoodson.com has no control over such sites and resources, ElizabethWoodson.com does not endorse and is not responsible or liable for any content, advertising, products, services, content or appropriateness of content of such websites, or other materials on or available from such sites or resources and explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through any such linked website. We do not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any such linked website.

Inaccuracy Disclaimer

From time to time there may be information on the Website or in an email to you that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.

ElizabethWoodson.com 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.

Colors
We strive to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Product Substitutions
ElizabethWoodson.com reserves the right to substitute out of stock items with similar items of equal or greater value. Chocolate in certain gifts may be replaced by less perishable items during the summer, when necessary. Our signature enclosure cards will always be unique and special, but may not always match the ones pictured.

Disclaimer of Warranty
THIS WEBSITE, AND THE INFORMATION AND MATERIALS CONTAINED, ARE PROVIDED BY ELIZABETHWOODSON.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. ELIZABETHWOODSON.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS, INCLUDED OR MADE AVAILABLE ON OR THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ELIZABETHWOODSON.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ON THIS WEBSITE, AND ON THE INFORMATION AND MATERIALS PROVIDED ON OR OFFERED FOR SALE ON THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. ELIZABETHWOODSON.COM DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM ELIZABETHWOODSON.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; OR THAT DEFECTS WILL BE CORRECTED. ELIZABETHWOODSON.COM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON ANY WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ELIZABETHWOODSON.COM MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE. 

Limitation of Liability
ELIZABETHWOODSON.COM, ITS MANAGER, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, AND/OR SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. IF YOU ARE DISSATISFIED WITH ALL OR ANY PORTION OF THE WEBSITE, OR WITH ALL OR ANY OF THE TERMS, PRIVACY POLICY AND/OR ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY YOU AND SHALL NOT EXCEED TWO HUNDRED UNITED STATES DOLLARS ($200.00). SOME JURISDICTIONS MAY NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, IN WHICH CASE THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS ON DIRECT AND INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARE INDEPENDENT OF ONE ANOTHER AND ANY OTHER LIMITATIONS SET FORTH IN THIS AGREEMENT. 

Indemnification
You agree to indemnify and hold harmless ElizabethWoodson.com and all of their managers, members, directors, officers, agents, employees, suppliers, vendors, and service providers from any claims, judgments, liability, and expenses, including reasonable attorneys fees, arising from or related to your use of the Website.

User Conduct
You agree to use the Website only for lawful purposes. 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 
ElizabethWoodson.com may terminate your access, or suspend your access to all or part of the Website, without notice, in our sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that ElizabethWoodson.com, in its sole discretion, believes is a violation of these Terms of Service & Conditions, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, ElizabethWoodson.com, or its affiliates.

Applicable Law
This Website (excluding linked web sites) is controlled by ElizabethWoodson.com from its offices within the United States. ElizabethWoodson.com makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in locations other than the United States. 

If you are using or accessing the Website from locations other than in the United States, you are responsible for compliance with Virginia and United States laws, as well as local laws in countries from which you are accessing this Website, if and to the extent applicable. Use of this Website is not authorized in any jurisdiction that does not give effect to these Terms and the Privacy Policy, including without limitation this paragraph. 

You agree that these Terms of Service & Conditions shall be governed in all respects by the laws of the State of Virginia, excluding its rules governing conflict of laws. You agree that any claim or dispute you may have against ElizabethWoodson.com must be resolved by a court located in Fluvanna County, Virginia. You agree to submit to the personal jurisdiction of the courts located within Fluvanna County, Virginia for the purpose of litigating all claims or disputes.

Waiver
The failure of ElizabethWoodson.com to exercise or enforce any right or provision of these Terms of Service and Conditions shall not constitute a waiver of such right or provision.

Severability
If any provision of these Terms and/or the Privacy Policy shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. 

Questions
If you have questions or comments regarding the Website, these Terms, or the Privacy Policy please direct them to: 

Elizabeth Woodson
ElizabethWoodson.com
2589 Bybees Church Road

Palmyra, VA 22963