Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
1. Order Acceptance and Cancellation.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Payment Terms and Sales Taxes.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.
We accept VISA, MasterCard, American Express, and Discover credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
All payments must be in United States dollars. Current billing address and phone information must be included with every order.
3. Changes in Products and Pricing.
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our site. All pricing for the products and services available on our site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
4. Shipping Policy.
For our products that require shipping, the cost of shipping within the continental United States is included in our advertised price. If your product requires shipping outside the continental United States contact us to determine required additional shipping cost. We will determine the method of shipping. Please allow 6-8 weeks for delivery. Shipment is contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization.
There may be occasional delays beyond the posted order processing time. These shipping terms are accepted by you by placing an order with us.
5. Wedding Website Services and Keepsake CD.
By activating or using an Our Wedding Plus website account you desire to create and store a sub-catergorized site on the World Wide Web (the "Website") and making it available for browsing on the Internet.
To carry out these purposes, the Parties have agreed to the following:
The term "Browser" refers to a program used to provide interactive, graphical access to sites on the World Wide Web.
The term "Internet" refers to the global network of computers using the TCP/IP protocol for communication.
The term "Web" refers to the World Wide Web. The Web is a graphical interface used to access sites on the Internet.
The term "Website" refers to a series of interconnected Hypertext Markup Language documents capable of residing on a single host server computer.
5.2. Services Provided.
We will provide the following services to you the user:
5.2.1 User Modifications of Website Account.
We will provide you with a password protected account for the purpose of updating your Website, accessing various services associated with your account, and transferring data from and to the Site’s server. You may modify or change the content of the Website using your account as frequently as you desire without charge.
5.2.2. Graphics Upload.
We will provide you the ability to upload a maximum of 150 photos to your account for display on your Website.
We don’t have any restrictions on bandwidth use as long as you are utilizing your account only as described in this Agreement.
5.2.4. Availability of Website.
The site, including all sub-domains and User Website accounts, will be available to Internet users approximately 99% of the time, 24 hours a day, normal maintenance and unforeseen hardware or communications problems excepted. We are not responsible for any damages or loss caused by interruption of service. We will provide customer support and service via email. OWP can be contacted through the “Contact Us” or “Customer Service” links found on the Site.
OWP will back up the site and all data files associated with it at least once each day and will store the backup materials in a safe secure location, suitable for magnetic media, and not at the same location as the site’s server.
The price for the Site’s services are explained on the Site. All payments will be made in US dollars, up front, prior to activation of your account.
5.4. User Warranties.
User represents and warrants to Our Wedding Plus, Inc that:
The User agrees to use this Site only for its intended purpose, the creation and hosting of a Wedding Website, as outlined in this Agreement and in accordance with any instructions appearing on this Site.
The User is at least 18 years of age and any information the User provides OWP during account set-up must be true and accurate.
(c) The User agrees not to download, copy, or create derivative works from any content or code from the Site including any Third Party content that may appear on the Site without expressed written permission from OWP.
(d) User owns or has the right to use all material contained in the Website, including all text, graphics, sound, video, programming, scripts, and applets; and
(e) The use, reproduction, distribution, and transmission of the Website, or any information or materials contained in it, on and from our server computer does not: (1) infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party; (2) violate any criminal laws; (3) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity, or violate any other law or regulation.
5.5. Right to Monitor and Remove Unacceptable Sites.
We have the right, but not the duty, to review and monitor all content submitted for or included on the Website, and in its sole discretion to remove any content or terminate any User account that we believe is in violation of this Agreement or find objectionable for any reason, without prior notice to User.
We offer you a two-week free trial period during which, you have full access to all features of the Site. If you are not satisfied with our services after the two-week free trial period, you are under no obligation to make any payment to Our Wedding Plus and your account will be deleted at the completion of the two-week free trial. If during the two-week free trial period you are satisfied with our service provided through the Site, you may make payment for continued service as outlined in the “Pricing” section of the Site. Once purchase is made Our Wedding Plus will not provide any refunds. There are also no refunds provided for “Gift Accounts” or “Pre-paid Accounts.”
5.7 Keepsake CD.
You have the option of purchasing a Keepsake CD (Compact Disk) that contains the electronic version of your wedding website. Most of the electronic contents of your wedding website will be saved to a CD and shipped to you under the terms outlined in paragraph 4 of this document. This CD will contain all the funtionality of your website except:
- The "Flash Intro" if selected
- The Bride and Groom's Name and wedding date that typically appear on the top
right corner of the template header.
- The "RSVP" Pages
- The "Contact" Page
- The ability to post new "Guestbook" entries
- Internet access will be required for the website background (template) design to be visible.
6. Advertising Disclaimer and Trademarks.
The descriptions of products and services that are posted on our site are for reference purposes only. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors.
In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.
All trademarks and registered trademarks relating to products and services available through our site are the sole property of their respective owners.
7. Disclaimer and Limitation of Liability.
Our responsibility for defects relating to the products and services available on our site is limited to the procedures described in our return policy set forth below.
ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR AFFLIATES,SHAREHOLDERS, EMPLOYEES, DIRECTORS, OFFICERS (COLLECTIVELY, OUR "AFFILIATES") HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
8. Warranty and Return Policy.
You understand that we do not and under no circumstances shall we be liable for any damages arising out of the failure of repair, customer support or similar policies covering products and services that you may purchase through our site. You understand that we do not provide any opportunity to return any products unless such product is defective. If the product is defective Our liability shall be limited to replacement of the product or service, which in no event shall exceed the price paid by You.
9. Safe Shopping Guarantee.
Your browser and our secure server encrypt confidential information during transmission, ensuring that transactions stay private and protected. We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our site, simply notify your credit card provider in accordance with its reporting rules and procedures. If, through no fault of your own, your credit card company finds credit card fraud but does not waive your entire liability for unauthorized charges, we will reimburse you for the remaining liability up to a maximum of $50.00. This guarantee applies to purchases made using our secure server (https: protocol).
10. Privacy and Customer Information.
At any time you may update your customer account information by following the instructions posted elsewhere on this site. Here you may update your name, password, address, e-mail address, and telephone number.
11. Service and Support.
All requests for technical service and support with respect to the products and services available through our site should be made to us in accordance with these Terms and Conditions of Sale. Should you have any other questions or concerns, you should contact us by e-mail at customerservice@OurWeddingPlus.com or by using the “Contact Us” link found on the Our Wedding Plus website. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction.
Except as explicitly noted on this site, the services available through this site are offered by Our Wedding Plus, a California corporation, located at 43759 15th Street West #506, Lancaster, California 93534. Phone: 661-258-9874.
12. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
13. Entire Agreement and Other Documents
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.
14. Governing Law and Statute of Limitations
This site (excluding linked sites) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. We make no representation that the products and services available through our site are appropriate or available for use in locations outside of the United States, and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to such matters.
Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.