Shutterfly Customers: Enjoy 3 Treat Cards for $6*
Use Code: 3TREATS
*Offer expires 11/16/2014 at 11:59 pm (PT). Enjoy three (3) greeting cards for $6 using code 3TREATS checkout. Customer must be a first-time Treat customer and credit card information is required for validation. Postage and tax may apply. This offer is valid for one transaction only and any quantity not used in the transaction will be forfeited. Offer applies exclusively to greeting cards and is not applicable to gifts, gift cards, Treat Card Club packs, previously placed orders, taxes or postage fees. Offer is only valid on treat.com and cannot be used on the Treat Cards for iPhone app or partner websites. To prevent fraud or abuse, we reserve the right to discontinue or modify this offer or cancel any order.
Tiny Prints Customers - Enjoy 3 Treat Cards for $6*
Use Code: TP3FOR6
*Offer expires 11/16/2014 at 11:59 pm (PT). Enjoy three (3) greeting cards for $6 using code TP3FOR6 checkout. Customer must be a first-time Treat customer and credit card information is required for validation. Postage and tax may apply. This offer is valid for one transaction only and any quantity not used in the transaction will be forfeited. Offer applies exclusively to greeting cards and is not applicable to gifts, gift cards, Treat Card Club packs, previously placed orders, taxes or postage fees. Offer is only valid on treat.com and cannot be used on the Treat Cards for iPhone app or partner websites. To prevent fraud or abuse, we reserve the right to discontinue or modify this offer or cancel any order.
Wedding Paper Divas Customers - Enjoy 3 Treat Cards for $6*
Use Code: WPD3FOR6
*Offer expires 11/16/2014 at 11:59 pm (PT). Enjoy three (3) greeting cards for $6 using code WPD3FOR6 checkout. Customer must be a first-time Treat customer and credit card information is required for validation. Postage and tax may apply. This offer is valid for one transaction only and any quantity not used in the transaction will be forfeited. Offer applies exclusively to greeting cards and is not applicable to gifts, gift cards, Treat Card Club packs, previously placed orders, taxes or postage fees. Offer is only valid on treat.com and cannot be used on the Treat Cards for iPhone app or partner websites. To prevent fraud or abuse, we reserve the right to discontinue or modify this offer or cancel any order.
Treat® Discount Plan
The Treat Discount Plan (the "Treat Card Club") is designed to offer customers a discount on Treat products for a period of one year. With the purchase of a membership to the Treat Card Club, members are entitled to the discounts and benefits outlined below subject to the requirements and limitations of these terms and conditions ("Terms").
Membership in the Treat Card Club offers Club members a discount off the regular price on a specified number of Treat cards ordered from www.treat.com during the term of their membership in the Treat Card Club, subject to the requirements of the Treat Card Club.
The discount only applies to the purchase of Treat custom greeting cards and is good for a period of 12 months from the time of purchase (the “Discount Period”). If you do not use the discount to purchase all of the cards to which you are entitled in the plan you have chosen within the Discount Period, the discount will apply only to the cards you have already used, and you will forfeit any unused cards. The value of your membership cannot be transferred to other Shutterfly products, shipping/handling charges, or any applicable taxes. You are responsible for postage and shipping charges as well as any applicable taxes. The Treat Card Club is only valid when orders are shipped to a customer specified location.
This Treat Card Club is not available for customers who purchase products for business or institutional use or for the purpose of resale.
You must have a current Treat account in order to join the Treat Card Club. Shutterfly reserves the right to accept or reject your membership in the Treat Card Club in its sole discretion. You may not transfer or assign your membership in the Treat Card Club, allow third parties to use your membership in the Treat Card Club, or use your Treat Card Club membership to ship cards on behalf of third parties. Benefits of the Treat Card Club may not be combined with any other offers or discounts available through www.treat.com or co-branded sites operated by us.
By subscribing to the Treat Card Club, you agree to pay the fee identified at the time you subscribe. This fee is non-refundable and is subject to the cancellation rights set forth below. Taxes may apply to your subscription and you agree to pay any such taxes as a condition of you membership.
Cancellation in a Renewal Period
If you renew your membership, you may cancel your membership in the Treat Card Club within thirty (30) days after your renewal if you have not yet placed any orders in that renewal period. If you cancel your membership within the 30 days of the start of your renewal period, we will refund your full membership fee and any applicable taxes. This cancellation policy applies to the Treat Card Club and supersedes any conflicting or different cancellation policies available for other services or programs offered by us.
Changes to Terms
Shutterfly may, in its sole discretion and without notice, modify the terms and conditions of the Treat Card Club.. You agree that it is your sole responsibility to review updated terms and conditions of the Treat Card Club posted by us at www.treat.com. If any such change is found to be unenforceable, void, invalid, it is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION IN THE PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ANY SUCH CHANGES. IF YOU DO NOT AGREE TO ANY SUCH CHANGES, YOU MUST CANCEL YOUR PROGRAM MEMBERSHIP.
Termination by Us
Shutterfly may terminate your membership in the Card Club if you violate the Terms or any applicable law, terms and conditions of any services offered by us, or if your use of our services or the Plan is determined, in our discretion, to involve fraud or misuse. Failure to enforce any termination rights for any conduct shall not be deemed a waiver of any of our termination rights.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Plan through your membership.
THE PROGRAM AND SHIPMENTS MADE THEREUNDER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE MAKE NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH TREAT'S SITE OR ADVERTISED THROUGH TREAT'S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, TREAT'S SITE OR SERVICES, FROM ANY CHANGES TO THE SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Force Majeure. With the exception of the obligation to pay monies due and owing, each party hereto shall be excused from performance hereunder for any period and to the extent that such party is prevented from performing any obligations pursuant hereto, in whole or in part, as a result of delays caused by the other party or an act of God, war, civil disturbance, court order, governmental action, laws, orders, regulations, directions or requests, or as a result of events such as acts of public enemies, earthquakes, fires, floods, strikes or other labor disturbances of the other party or any third party, or other cause beyond its reasonable control and which it could not have prevented by reasonable precautions, and such nonperformance shall not be a default hereunder or a ground for termination hereof.
Governing Law. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties shall be governed by the internal substantive laws of the State of California applicable to agreements to be made and to be performed solely within California, without giving effect to any conflicts or choice of laws principles that otherwise might be applicable and excluding the United Nations Convention on Contracts for the Sale of Goods.
Venue. All disputes arising from or related to this Agreement shall be litigated in the Northern District of California if in federal court, or in San Mateo County, California if in state court. Each party hereby waives any right that it might otherwise have to object to such venue or seek dismissal of the action on the basis of forum non conveniens.
No Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
Severability. If any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.