Sincerely Me provides a free membership (“Membership”) as well
as a paid subscription (“Subscription”) which offers gifts (“Products”) and/or
experiences (“Products & Experiences”).
Access to the Website, use of the Services, and purchase of the
Products is subject to these Terms and Conditions and the Sincerely Me Privacy
Policy available on the Website.
By using our Website or subscribing to our Services, you
indicate your unconditional acceptance of the following Terms and Conditions.
Please read them carefully, as they may have changed since your last visit.
Sincerely Me maintains this Website as a service to the user
community that visits the Website subject to these Terms and Conditions. You
are responsible for obtaining any equipment and Internet service necessary to
access our Website and for paying any fees for the equipment and service you
select. We may alter, suspend, or discontinue this Website or the Services in
whole or in part, at any time and for any reason, without notice. The Website
may also periodically become unavailable due to maintenance or malfunction of
computer equipment or for other reasons.
Users have a personal, non-transferable, non-exclusive right to
access and use the Content of this Website subject to these Terms and
Conditions. The term “Content” means all information, text, images, data,
links, software, or other material accessible through the Website or Services,
whether created by us or provided by another person for display on the Website
or through the Services.
The Content may contain typographical errors, other inadvertent
errors or inaccuracies. We reserve the right to make changes to document names
and content, descriptions or specifications of Products or Services, or other
information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is
available on this Website or through the Services, subject to the following
· The Content may be used solely for internal informational
purposes. No part of this Website or its Content may be reproduced or
transmitted in any form, by any means, electronic or mechanical, including
photocopying and recording for any other purpose.
· The Content may not be modified.
· Copyright, trademark, and other proprietary notices may not be
Nothing contained on this Website should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
this Website or any Content displayed on this Website, through the use of
or (b) with our prior written permission or the permission of such third party
that may own the trademark or copyright of material displayed on this Website.
To start your Sincerely Me Membership or Subscription, you must
register as a member on our Website. To register, you can simply provide
information about your significant other and yourself for optimal gift
selection, important dates you wish to celebrate, your shipping information
including your address and billing information, and your valid email address
and password to create your login profile. All information that you provide to Sincerely
Me, including your credit card information, is subject to Sincerely Me’s
up to date through the Membership page on the Website.
As a registered user of Sincerely Me, you agree to receive
emails promoting any special offer(s), including third party offers. We may
from time to time send you our monthly newsletter. You may opt-out from
receiving special promotions or our newsletter by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable e-mail
As a subscribed member of Sincerely Me, we will ship your
package(s) with items for your significant other that may consist of a
selection from clothes, jewelry, housewares, food or beverage, tickets,
out-of-the-box Experiences or other appropriate items (“Products”). Each shipment
will not contain the same Products. Accordingly, Sincerely Me cannot guarantee
that a selection available in a particular timeframe will be available in any
BY SUBSCRIBING YOU AGREE TO PAY THE SUBSCRIPTION FEES AND ANY
OTHER NECESSARY FEES FOR THE PRODUCTS AND/OR EXPERIENCES THAT ARE SUPPLIED.
The price of the Services and/or Products is payable in full
before delivery, as scheduled by your Subscription plan or purchase date. We
accept the following credit cards: Visa, MasterCard, American Express, or
Discover (please check our FAQ’s for an updated list).
Further, unless you cancel your Subscription or Membership prior
to the end of your then-current Subscription period, at the end of that period,
your Subscription will automatically be renewed for an additional Subscription for
the same time and cost of the Subscription plan.
For your convenience and continuous Subscription benefits as a
member, if your payment method reaches its expiration date, you do not edit
your credit card information and you have an ongoing Subscription, you
authorize us to continue billing that credit card on file including extending
the expiration date until we are notified by you or the credit card company
that the account is no longer valid. We encourage you to constantly update your
payment method information or cancel your Subscription should you wish to
discontinue your purchase of Products or Experiences.
We use a third-party payment service in lieu of directly
processing your credit card information. By submitting your credit card
information, you grant Sincerely Me the right to store and process your
information with the third-party payment service, which it may change from time
to time; you agree that Sincerely Me will not be responsible for any failures
of the third party to adequately protect such information. All financial
matters regarding your information are subject to the conditions of the third-party
payment service provider's terms of service; the current version of which is
attached as a link at https://stripe.com/us/privacy. You acknowledge that we
may change the third-party payment service and move your information to other
service providers that encrypt your information using secure socket layer
technology (SSL) or other comparable security technology.
Unless otherwise indicated at the
time of your purchase, shipping and handling fees are included with your order.
Shipping dates and/or arrival times are only estimates; thus, members should
order ahead of plan for important occasions. For loss/damage claims, you must
notify Sincerely Me within forty-five (45) days of the date of your purchase if
you believe all or part of your order is missing or damaged.
Replacement of Products and
credits to your account for shipped merchandise claimed as not received are
subject to our investigation, which may include postal-service notification. We
will adjust your account at our discretion. Repeated claims of undelivered
merchandise may result in the cancellation of your Subscription.
You may return or exchange any gift item that does not meet your
standards, as long as it has not been personalized (engraving, embroidery,
etc.) For personalized items, we will review issues case-by-case to
provide direction, ultimately this will help us learn more about how to handle
these issues for our members and suppliers.
All returns must be done within forty-five (45) days of receipt for
a full refund.
To request a refund, please contact Member Services at Sincerely
Me. When returning Products, it is your responsibility to take reasonable care
to see that the Products are not damaged in transit and are received by us at
our address as noted in the Return Merchandise Authorization (“RMA”). All
refunds are subject to our Shipping, Return and Exchange Policies stated in our
Refunds are at the sole discretion of Sincerely Me.
Should Sincerely Me find abuse of our customer-friendly
policies, we reserve the right to cancel your membership.
Shipping, Return and Exchange of any products delivered by us in
connection with your membership are subject to the Sincerely Me Shipping,
Return and Exchange Policy.
You may be charged local sales tax or VAT, if applicable.
This Website may be accessed from countries other than the
United States. This Website and the Services may contain products or references
to products that are only available within the United States and U.S.
territories. Any such references do not imply that such products will be made
available outside the United States. If you access and use this Website outside
the United States, you are responsible for complying with your local laws and
We work hard to make your Membership satisfying; however, you
may cancel your ongoing membership through your membership page. Membership to
Sincerely Me is free.
Sincerely Me provides a paid Subscription. You must update your Subscription
by end of your then-current Subscription period. Further, unless you cancel
your Subscription prior to the end of your then-current Subscription period, at
the end of that period, your Subscription will automatically be renewed for an
additional Subscription for the same time and cost of the then-current Subscription
All cancellation requests received after the first day of the
calendar month following a Subscription Period will apply to the following
Subscription Period or at our discretion.
We may terminate your Membership or Subscription, without
notice, for conduct we believe violates these Terms and Conditions or our
policies, is harmful our business interests, or for an inactive account.
IN NO EVENT SHALL SINCERELY ME OR ITS OFFICERS, DIRECTORS,
EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER
PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR
SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR
USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED
THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
YOU AGREE SINCERELY ME'S TOTAL CUMULATIVE LIABILITY IN
CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY
PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED
THE AMOUNT YOU PAID TO SINCERELY ME IN THE THEN-PRIOR CALENDAR MONTH.
By using this Website, our Services, or supplied Products, you
agree to indemnify, hold harmless and defend Sincerely Me from any claims,
damages, losses, liabilities, and all costs and expenses of defense, including
but not limited to, attorneys' fees, resulting directly or indirectly from a
claim by a third party that arises in connection with use of this Website,
Services, or Products by you or any other person accessing the Website using
your member login account.
may use this Website (but not subscribe to our Services) without volunteering
additional information on our practices for handling personally identifiable
information. However, if you choose to provide information to register for or
participate in a service, event, or promotion on this Website or to use our
Services, you agree that you will provide accurate, complete, and up to date
information as requested on the screens that collect information from you.
are not responsible or liable for the conduct of users or for any views,
opinions and statements expressed in Content submitted for public display
through our Website, such as through an online discussion forum or chat room.
We do not prescreen information posted to online discussion forums or chat
rooms, if any. With respect to such forums and chat rooms, we are acting as a
passive conduit for such distribution and are not responsible for Content. Any
opinions, advice, statements, services, offers, or other information in Content
expressed or made available by users of an online discussion forum or chat room
are those of the respective author(s) or distributor(s) and not of Sincerely Me.
We neither endorse nor guarantee the accuracy, completeness, or usefulness of
any such Content. You are responsible for ensuring that Content submitted to
this Website is not provided in violation of any copyright, trade secret or
other intellectual property rights of another person or entity. You shall be
solely liable for any damages resulting from any infringement of copyrights,
trade secret, or other intellectual property rights, or any other harm
resulting from your uploading, posting or submission of Content to this
have the right, but not the obligation, to monitor Content submitted to our
Website through an online discussion forum or chat room, to determine
compliance with these Terms and Conditions and any other applicable rules that
we may establish. We have the right in our sole discretion to edit or remove
any material submitted to or posted in any online discussion forum or chat room
provided through this Website. Without limiting the foregoing, we have the
right to remove any material that Sincerely Me, in its sole discretion, finds
to be in violation of these Terms and Conditions or otherwise objectionable,
and you are solely responsible for the Content that you post to this Website.
law restricts lobbying activities by tax-exempt organizations. “Lobbying”
includes certain activities intended to influence legislation. Content posted
by users does not constitute lobbying by Sincerely Me, but may constitute
lobbying by you or an organization that you represent. You are responsible for
complying with any applicable lobbying restrictions.
By accessing our Website or any chat room, online discussion
forum, or other service provided through our Website, you agree to abide by the
following standards of conduct. You agree that you will not, and will not authorize
or facilitate any attempt by another person to use our Website or any related
chat room or online discussion forum to:
· Transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd,
lascivious, or otherwise objectionable, as determined by Sincerely Me.
· Use a name or language that Sincerely Me, in its sole
discretion, deems offensive.
· Post defamatory statements.
· Post hateful or racially or ethnically objectionable Content.
· Post Content which infringes another's copyright, trademark or
· Post unsolicited advertising or unlawfully promote products or
· Harass, threaten, or intentionally embarrass or cause distress
to another person or entity.
· Impersonate another person.
· Promote, solicit, or participate in any multi-level marketing or
· Exploit children under 18 years of age.
· Engage in disruptive activity such as sending multiple messages
in an effort to monopolize the forum.
· Introduce viruses, worms, Trojan horses and/or harmful code to
· Obtain unauthorized access to any computer system through the
· Invade the privacy of any person, including but not limited to
posting personally identifying or otherwise private information about a person
without their consent (or their parent's consent in the case of a child under
13 years of age).
· Solicit personal information from children under 13 years of
· Violate any federal, state, local, or international law or
· Encourage conduct that would constitute a criminal or civil
Sincerely Me does not claim ownership of any materials you make
available through the Website. With respect to any materials you submit or make
available for inclusion on the Website, you grant Sincerely Me a perpetual,
irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license
to use, copy, distribute, publicly display, modify, create derivative works,
and sublicense such materials or any part of such materials. You hereby
represent, warrant and covenant that any materials you provide do not include
anything (including, but not limited to, text, images, music or video) to which
you do not have the full right to grant Sincerely Me the license specified
above. You further represent, warrant and covenant that any materials you
provide will not contain libelous or otherwise unlawful, abusive or obscene
material. Sincerely Me will be entitled to use any content submitted by you
without incurring obligations of confidentiality, attribution or compensation
Sincerely Me services are available only to, and may only be
used by, individuals who are 18 years and older who can form legally binding
contracts under applicable law.
Unless otherwise noted, all Content contained on this Website is
the property of Sincerely Me and/or its affiliates or licensors, and is
protected from unauthorized copying and dissemination by United States
copyright law, trademark law, international conventions and other intellectual
property laws. Product names are trademarks or registered trademarks of their
We do not claim ownership of Content submitted by users without
compensation by Sincerely Me and with the expectation that such Content will be
made publicly accessible through our Website. By submitting such Content,
however, you agree to grant us a world-wide, royalty-free, perpetual,
irrevocable, non-exclusive license to use, distribute, reproduce, modify,
adapt, create derivative works from, and publicly perform or display such
Content. This license shall remain in effect until we delete the Content from
If you believe that any materials on this Website infringe your
copyright, you may request that they be removed. This request must bear a
signature (or electronic equivalent) of the copyright holder or an authorized
representative and must include the following information: (1) identification
of the copyrighted work that you believe to be infringed, including a
description of the work and, where possible, a copy or the location of an
authorized version of the work; (2) identification of the material that you
believe to be infringing and its location, including a description of the
material, its Website location or other pertinent information that will help us
to locate the material; (3) your name, address, telephone number, and email
address; (4) a statement that you have a good faith belief that the complained of
use of the materials is not authorized by the copyright owner, its agent, or
the law; (5) a statement that the information in your claim is accurate; and
(6) a statement that “under penalty of perjury,” you declare that you are the
lawful copyright owner or are authorized to act on the owner's behalf. Send any
copyright issues relating to this Website to: Copyright Agent, 5579-B Chamblee
Dunwoody Road, Suite 204, Atlanta, GA 30338.
In an effort to protect the rights of copyright owners, we
maintain a policy for the termination, in appropriate circumstances, of users
of this Website who are repeat infringers.
When you register to participate in Sincerely Me services on
this Website, you will be required to establish a login identifier and a
password. You are responsible for protecting your login and password from
unauthorized use, and you are responsible for all activity that occurs on your
account (including without limitation financial obligations). You agree to
notify us immediately if you believe that your login or password has been or
may be used without your permission so that appropriate action can be taken. We
are not responsible for losses or damage caused by your failure to safeguard
your login and password.
Under no circumstances will we be liable for any loss or damage
caused by your use of the Products or your reliance on information in any
Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING
FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT
TOWARDS ANOTHER MONTHLY SHIPMENT, IN SINCERELY ME'S DISCRETION.
YOU MAY RETURN DEFECTIVE PRODUCTS ONLY WITHIN FORTY-FIVE (45)
DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED,
AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE
ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT
LIMITATION, SINCERELY ME DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE
ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT
DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO
MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS
WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE
CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
This Website may contain links to third party Websites that are
provided to you as a convenience. Any outside Website accessed from our Website
is independent from Sincerely Me, and we have no control over the content of
such Websites. We are not responsible for the content of any linked Website or
for any loss or damage incurred in connection with your use such links or
dealings with the operators of such third-party Websites.
In no event shall any reference to any third party or third-party
product or service be construed as an approval or endorsement by Sincerely Me
of that third party or of any product or service provided by a third party.
Likewise, a link to any third-party Website does not imply that we endorse or
accept any responsibility for the content or use of such a Website. Sincerely
Me does not endorse, warrant or guarantee any product or service offered by any
third party through an online discussion forum or chat room accessible through
this Website and will not be a party to or in any way monitor any transaction
involving any third-party providers of products or services. As with the
purchase of a product or service through any medium or in any environment, you
are responsible for exercising appropriate judgment and caution.
We make no representation that information on this Website, or
the Products or Services we provide, are appropriate or available for use
outside the United States. Those who choose to access this Website from outside
the United States do so on their own initiative and at their own risk and are
responsible for compliance with applicable local laws.
We may terminate any user's monthly Subscription or Membership or
access to our Website or Services, including access to any online discussion
forum or chat room, in our sole discretion, for any reason and at any time,
with or without prior notice. It is our policy to terminate users who violate
these terms and conditions, as deemed appropriate in our sole discretion. You
agree that we are not liable to you or any third party for any termination of
your access to our Website or Services.
These Terms and Conditions shall be governed and interpreted
pursuant to the laws of the State of Georgia, United States of America,
notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and
Conditions shall be finally resolved by arbitration conducted in the English
language in Atlanta, GA, U.S.A. under the commercial arbitration rules of the
American Arbitration Association. The parties shall appoint as sole arbitrator
a retired judge who presided in the State of Georgia. The parties shall bear
equally the cost of the arbitration (except that the prevailing party shall be
entitled to an award of reasonable attorneys' fees incurred in connection with
the arbitration in such an amount as may be determined by the arbitrator). All
decisions of the arbitrator shall be final and binding on both parties and enforceable
in any court of competent jurisdiction. Notwithstanding the foregoing, we shall
be entitled to seek injunctive relief, security, or other equitable remedies
from federal and state courts located in the State of Georgia or any other
court of competent jurisdiction. Under no circumstances shall the arbitrator be
authorized to award punitive damages, including but not limited to federal or
state statutes permitting multiple or punitive damage awards. Any purported
award of punitive or multiple damages shall be beyond the arbitrator's
authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF SERVICE, YOU
ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR
CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS
SET FORTH IN THIS AGREEMENT.
To the extent you are located in the United States, if any
provisions of this Agreement are not permitted by applicable law or regulation,
those provisions shall be of no force or effect as between you and Sincerely Me.
If any part of these Terms and Conditions is held to be unlawful, void, or
unenforceable, that part will be deemed severable and shall not affect the
validity and enforceability of the remaining provisions as between you and Sincerely
These Terms and Conditions constitute the entire agreement
between the parties relating to the subject matter herein. We may, at our sole
discretion and without notice, revise these terms at any time by updating this
If you have any questions about these Terms and Conditions,
please contact .