Please be advised. UPS has notified us that 6-8 day delays are expected on UPS Ground Shipping throughout the Holiday Season.

We advise shipping to a home address rather than a hospital in order to ensure your gift arrives to its intended recipient OR using the UPS 2nd Day Air Shipping Option.

Terms of Use

Last Updated November 16, 2015

PLEASE READ. This Terms of Use policy explains the practices in effect at www.cheeriodicals.com. Your use of this web site is subject to these Terms of Use. If you do not agree to these terms, do not access this web site. Changes to these Terms of Use will be posted on this page. Your continued use of the web site is an acknowledgment and consent to any terms contained in this Terms of Use at the time of your use.

THESE TERMS OF USE APPLY TO ALL MERCHANDISING CHANNELS OF THE COMPANY INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEVISION, MOBILE DEVICE, TELEPHONE AND RETAIL STORES. BY ACCESSING ANY OF THESE MERCHANDISING CHANNELS, AND ANY AREAS OF THE WEB SITE, YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE BY, THESE TERMS OF USE. THESE TERMS OF USE REPRESENT THE ENTIRE UNDERSTANDING BETWEEN YOU AND CHEERIODICALS AND SUPERSEDE ANY PRIOR STATEMENTS OR REPRESENTATIONS.

SHIPPING TO HOSPITAL/HOTEL

All gift boxes are shipped by UPS or USPS. Once the gift box leaves our facility, it becomes the responsibility of the buyer. If a gift box is shipping to a hospital or a hotel, we cannot guarantee that the gift box will arrive (or be delivered by the hospital staff or hotel staff to their room) prior to the patient or the guest checking out. Picking up of the gift box is the full responsibility of the buyer. UPS will not pick up the package and reship to a new location.

DISCLAIMERS

THE USE OF CHEERIODICALS.COM IS AT YOUR SOLE RISK. NEITHER THE COMPANY, NOR ITS OWNERS, DIRECTORS, EMPLOYEES OR AGENTS WARRANT THAT CHEERIODICALS.COM WILL BE VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE.

CHEERIODICALS.COM IS PROVIDED ON AN “AS AVAILABLE”, “AS IS” AND “WITH ALL FAULTS” BASIS. CHEERIODICALS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE PRODUCTS SOLD ON THIS WEBSITE OR THE OPERATION OF THIS WEBSITE. CHEERIODICALS SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ORAL STATEMENTS, WRITTEN STATEMENTS AND INFORMATION CONTAINED IN EMAILS SHALL NOT CREATE ANY WARRANTY WHATSOEVER.

LIMITATION OF LIABILITY

THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE PURCHASE OF THE PRODUCTS ON THE WEBSITE, ERRORS, DEFECTS, THEFT, VIRUSES, UNAUTHORIZED ACCESS TO THIS WEBSITE OR RECORDS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFITS, EVEN IF THE DAMAGES ARISE FROM NEGLIGENCE AND EVEN IF CHEERIODICALS HAS BEEN WARNED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL CHEERIODICALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO CHEERIODICALS, IF ANY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN THOSE STATES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS TERMS OF USE POLICY WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

PRODUCTS PROVIDED

We endeavor to provide the products shown on the website. However, we reserve the right to substitute items for similar products.

LINKS TO OTHER WEBSITES

Cheeriodicals provides links to websites outside of Cheeriodicals.com. These websites may not have the same privacy policies as Cheeriodicals. You should read the privacy statement of an outside website when leaving this site and linking to an outside website. Cheeriodicals shall not be responsible or liable, directly or indirectly, for any damage or loss caused, alleged to be caused by, or arising out of you accessing such links.

ACCESS LOCATION

Cheeriodicals makes no representation that the web site content, including products or merchandise offered for sale, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access our web site from locations outside of the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

CONTENT CORRECTIONS

On occasion, there may be errors on this website relating to product descriptions, pricing, etc. Cheeriodicals reserves the right to correct those errors at any time without prior notice. Cheeriodicals reserves the right to even correct the errors after you have submitted your order.

CHILDREN

The Cheeriodicals website was not designed to appeal to minors and you are required to be 18 years of age to use this website or provide information to us. This site is not designed to collect personal identifying information from children. Some products on this website are not appropriate for children and you agree not to send products containing inappropriate adult content to children.

PRIVACY POLICY

Please see the Cheeriodicals Privacy Policy.

INDEMNITY

You agree to indemnify, hold harmless and defend Cheeriodicals, its owners, officers, directors, employees and agents, from and against any and all liability, claims, damages, costs and expenses (including reasonable attorney fees and expenses), brought by any third party alleging, arising, related or resulting from your use of the web site in violation or breach of these Terms of Use.

SEVERABILITY

If any term or other provision of these Terms of Use are found to be invalid by a court of competent jurisdiction, all other terms and conditions of this Terms of Use policy shall remain in full force and effect to the maximum extent permitted by law and the court shall modify only the affected term, condition or provision to effect the original intent of the parties as closely as possible.

WAIVER

The failure of Cheeriodicals to enforce any provision of these Terms of Use does not constitute a waiver of such provision.

TRADEMARKS

Cheeriodicals and the Cheeriodicals logo are registered trademarks owned by Cheeriodicals, LLC.  All other trademarks listed on this website belong to their respective owners.

APPLICABLE LAWS

Any and all claims, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, marketing, or selling of any and all products sold by Cheeriodicals, through all merchandising channels, including but not limited to, the internet, this Web Site, telephone, radio, television, mobile device and participating retail stores shall be governed by the internal substantive laws of the State of Alabama without regard to its conflict of laws principals. The exclusive venue and jurisdiction for all claims and disputes shall be the appropriate state or federal courts located in Jefferson County, Alabama and you and we hereby irrevocably consent and submit to the exclusive jurisdiction of these courts.