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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.
These terms and
conditions apply to the purchase and sale of products and services
through OurWeddingPlus.com (referred to as the "site"). By
using or placing an order for such products and services, you
(refered to as “you” or “user”) agree to be
bound by and accept these terms and conditions. If you do not agree
to these terms and conditions, you should not obtain products or
services from this site. These terms and conditions are subject to
change by Our Wedding Plus, Inc. (referred to as "us" or
"we") without prior written notice at any time, in our sole
discretion. The latest version of the terms and conditions will be
posted on this site, and you should review these terms and conditions
prior to purchasing any product and services that are available
through this site. These terms and conditions are an integral part of
order for goods or services through this site. You and Our Wedding
Plus, Inc are sometimes referred to collectively in this Agreement as
1. Order Acceptance
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
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
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
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
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
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
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.
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
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
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
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
We are committed to
protecting your privacy. To make your shopping experience more
convenient, we gather information about you. We maintain the privacy
of your information using security technologies and adhere to
policies that prevent unauthorized use of your personal 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
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.
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
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
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
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.