Effective as of October 12, 2006

EssentialGears.Com Terms of Use Agreement

Welcome to EssentialGears.Com. The goal of this Web Site is to provide access to wide selection of products, flowers, gourmet products and services to make product giving fun and easy.

PLEASE READ AND REVIEW THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. Use of this Web Site signifies your agreement to the terms of use set forth below in this Agreement. If you not do agree, please exit and disregard the information contained herein.

1. ACCEPTANCE OF TERMS

By using EssentialGears.Com, you agree to be bound by and to comply with this Terms of Use Agreement. EssentialGears.Com reserves the right to modify, alter or update these Terms of Use without notice to you. You should check this page from time to time for changes and updates.

2. SITE CONTENT

Unless stated otherwise, all materials, including images, software, data, photographs, illustrations, video, text, designs, drawings, articles and other materials (collectively, the "Content") are copyrights, trademarks, trade dress and/or other proprietary rights owned, controlled or licensed by EssentialGears.Com, its affiliates or other third party who have licensed their materials to EssentialGears.Com. You may not modify, copy, reproduce, publish, download, post, transmit, or distribute material of this Web Site.

You are hereby granted a non-exclusive, non-transferable, limited right to access, use and display this Web Site and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms of Use.

3. DESCRIPTION OF PRODUCTS

EssentialGears.Com and its related companies try to be as accurate as possible when describing our products and services on the Web Site. At times, there may be information on the Site that contains typographical errors, inaccuracies or omissions that relate to product pricing, availability and descriptions. We reserve the right to correct any errors, inaccuracies or omissions, and change or update information at any time without prior notice (including after your order has been placed).

4. PRODUCT APPEARANCE AND COLORS

EssentialGears.Com makes every effort to accurately display the colors of the products on this site. However, the exact appearance of the product will depend on your monitor configurations. Therefore, we cannot guarantee that the appearance of our products will be accurately displayed on your monitor.

5. TRADEMARKS

The trademarks, logos, and service marks used on the EssentialGears.Com Web Site are registered and unregistered trademarks of EssentialGears, LLC. EssentialGears.Com's trademarks may be used only with written permission from EssentialGears.Com. All other trademarks, brands, product names, logos and company names appearing on this Web Site are the property of their respective owners.

6. THIRD PARTY LINKS

EssentialGears.Com provide links to other sites, including partners, over which EssentialGears.Com has no control. These links are provided as a convenience to shopper and does not serve as an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier.

7. PRIVACY AND SECURITY

We are committed to protecting your privacy and security. For more information, please review our Privacy Policy, which is incorporated into these Terms of Use by this reference.

8. DISCLAIMER

THIS SITE AND ANY MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. EssentialGears.Com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT INCLUDED ON THIS SITE. EssentialGears.Com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.

EssentialGears.Com DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED, OR THAT THIS SITE, ITS SERVERS WILL BE UNINTERRUPTED, SECURE, IMMUNE TO HACKER ACTIVITY, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

9. INDEMNITY

You agree to indemnify, defend and hold EssentialGears.Com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Services, your connection to the Services, your violation of the Terms of Use, or your violation of any rights of another.

10. MODIFICATIONS TO SERVICES

EssentialGears.Comtoy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that EssentialGears.Com shall not be liable to you or to any third party for any modification or discontinuance of the Services.