Terms & Conditions

THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SENDING SUNSHINE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Limitation of Liability and Disclaimer of Warranties.

SENDING SUNSHINE, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “SENDING SUNSHINE GIFTS LLC “) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE SITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY.  SENDING SUNSHINE GIFTS LLC SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.  YOU AGREE THAT YOU USE THE SITE, THE CONTENT, AND THE PRODUCTS AT YOUR OWN RISK.

SENDING SUNSHINE GIFTS LLC DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.  IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO SENDING SUNSHINE PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE SITE, THE CONTENT, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  THE SENDING SUNSHINE GIFTS LLC, PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. 

IN NO EVENT SHALL ANY SENDING SUNSHINE PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE CONTENT OR THE PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH SENDING SUNSHINE GIFTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, THE LIABILITY OF THE SENDING SUNSHINE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTION TITLED “LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES” IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.  IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

Indemnification.  

You agree to defend, indemnify, and hold harmless Sending Sunshine Gifts from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of these Terms of Use or any applicable terms referenced herein, (b) your access to, use or misuse of the Content, the Site or the External Sites or (c) the User Content.  Sending Sunshine shall provide notice to you of any such claim, suit, or proceeding.  Sending Sunshine reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section.  In such case, you agree to cooperate with any reasonable requests assisting Sending Sunshine’s defense of such matter.  If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Termination.  

You agree that Sending Sunshine, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site, may reject any order you place for the purchase of Products and may remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Sending Sunshine believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site, may be referred to appropriate law enforcement authorities.  Sending Sunshine may also in its sole discretion and at any time discontinue providing the Site and/or the Products, or any part thereof, with or without notice.  You agree that any termination of your access to the Site and/or the Products under any provision of these Terms of Use may be affected without prior notice, and acknowledge and agree that Sending Sunshine may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site and/or the Products.  Further, you agree that Sending Sunshine will not be liable to you or any third party for any termination of your access to the Site and/or the Products.

User Must Comply with Applicable Laws.

The Site is based in the United States.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access the Site or the Content from outside of the United States, you do so at your own risk.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

The United States controls the export of products and information.  You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws.  By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited.  You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

U.S. Government Restricted Rights.  

The Content is provided with “RESTRICTED RIGHTS.”  Use, duplication or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor.  Use of the Site or Content by the Government constitutes acknowledgment of our proprietary rights in the Site and Content.

Dispute Resolution by Binding Arbitration.  PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

(a) Agreement to Arbitrate. 

This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Sending Sunshine, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Site and/or the Products, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf.  You agree that, by entering into these Terms of Use, you and Sending Sunshine are each waiving the right to a trial by jury or to participate in a class action.  Your rights will be determined by a neutral arbitrator, not a judge or jury.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

(b) Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND SENDING SUNSHINE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND SENDING SUNSHINE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.  

Pre-Arbitration Dispute Resolution. 

Sending Sunshine is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at help@sendingsunshine.com.com.  If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”).  The Notice to Sending Sunshine should be sent to 33006 Seven Mile Rd, Suite 128, Livonia, MI 48152 (“Notice Address”).  The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought.  If Sending Sunshine and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sending Sunshine may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Sending Sunshine or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sending Sunshine is entitled.

(d) Arbitration Procedures. 

The arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org.  Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer.  If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.  The arbitrator must also follow the provisions of these Terms of Use as a court would.  All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.  Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law.  Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Sending Sunshine and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, the determination shall be made by AAA.  If your claim is for $5,000 or less, Sending Sunshine agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.  If your claim exceeds $5,000, the right to a hearing will be determined by the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

(e) Costs of Arbitration. 

Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement.   Any payment of attorneys’ fees will be governed by the AAA Rules.

(f) Confidentiality. 

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

(g) Severability. 

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief.  The remainder of the Terms of Use will continue to apply.

(h) Future Changes to Arbitration Agreement. 

Notwithstanding any provision in these Terms of Use to the contrary, Sending Sunshine agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Site, you may reject any such change by sending Sending Sunshine written notice within thirty (30) calendar days of the change to the Notice Address provided above.  By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).

User Disputes. 

You agree that you are solely responsible for your interactions with any other user in connection with the Site and/or the Products and Sending Sunshine will have no liability or responsibility with respect thereto.  Sending Sunshine reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site and/or the Products.

General. 

These Terms of Use constitute the entire agreement between you and Sending Sunshine and govern your use of the Site and/or the Products, superseding any prior agreements between you and Sending Sunshine with respect to the Site and/or the Products.  You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software.  These Terms of Use will be governed by the laws of the State of Michigan without regard to its conflict of law provisions.  With respect to any disputes or claims not subject to arbitration, as set forth above, you and Sending Sunshine agree to submit to the personal and exclusive jurisdiction of the state and federal courts of the State of Michigan. The failure of Sending Sunshine to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site and/or the Products or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.  A printed version of this Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  You may not assign these Terms of Use without the prior written consent of Sending Sunshine, but Sending Sunshine may assign or transfer these Terms of Use, in whole or in part, without restriction.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  Notices to you may be made via either email or regular mail.  The Site and/or the Products may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Site and/or the Products.

Your Privacy. 

At Sending Sunshine, we respect the privacy of our users.  For details, please see our Privacy Policy.  By using the Site, you consent to our collection and use of personal data as outlined therein.

Notice for California Users. 

Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 

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You may contact us in writing at Sending Sunshine Gifts LLC., 33006 Seven Mile Rd. Suite 128, Livonia, MI 48152, by email at help@sendingsunshine.com, or by phone at (734) 600-9777