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1. General.
These General Terms and Conditions of Use ("Terms")
are entered into by and between you and WeddingCharms.com.. In consideration of your use of and access
to this Internet site (the "WeddingCharms.com Site"), and the promises
and obligations herein, and intending to be legally bound, you and WeddingCharms
hereby agree as follows:
Your access to and use of the WeddingCharms.com Site is subject to these Terms,
as well as any modifications issued by WeddingCharms to these Terms, and all applicable
laws and regulations. BY USING THE WeddingCharms.com SITE, YOU AGREE TO AND
WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to
be bound by these Terms, do not use the WeddingCharms.com Site.
Among other things, the WeddingCharms.com Site provides information concerning
various products and services and the opportunity to obtain additional
information concerning those products and services or to purchase them.
These Terms and the information provided in the WeddingCharms.com Site in no way
override the terms and conditions of your purchase of any product or
service except as specifically provided herein. To the extent any area
within the WeddingCharms.com Site contains specific terms and conditions concerning
its use ("Specific Terms"), those Specific Terms are in addition
to these Terms. To the extent there is a direct conflict between these
Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms.
WeddingCharms shall have right at any time and without prior notice, at its sole
discretion, to revise these Terms or to impose new terms and conditions
with respect to access to or use of the WeddingCharms.com Site. Such revisions
and additions shall be effective immediately upon notice thereof, which
may be given by any means, including but not limited to posting the
revised or additional terms and conditions on the WeddingCharms.com Site. You
are responsible for reviewing the WeddingCharms.com Site periodically for any
modification to this Agreement that may affect your rights or obligations
hereunder. You agree that you shall be deemed to be apprised of and
bound by any modification by WeddingCharms to these Terms. ANY ACCESS OR USE
OF THE WeddingCharms.com SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO
THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH
REVISIONS OR ADDITIONS. No modification to these Terms by any party
other than WeddingCharms shall be valid or enforceable against WeddingCharms unless expressly
agreed to by WeddingCharms in a writing signed by a duly authorized officer of
WeddingCharms.
3. Termination.
These Terms are effective until terminated by WeddingCharms. WeddingCharms may terminate these
Terms without notice and at any time. In the event of termination, you are no
longer authorized to access the WeddingCharms.com Site, and the restrictions imposed on you
with respect to the Content, and the disclaimers, indemnities, and limitations
of liabilities set forth in these Terms shall survive termination.
WeddingCharms shall also have the right without notice and at any time to terminate
the WeddingCharms.com Site or any portion thereof, or any products or services offered
through the WeddingCharms.com Site, or to terminate any individual's right to access or use
the WeddingCharms.com Site or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of the WeddingCharms.com Site and your purchase of the items
on the WeddingCharms.com Site. You must be at least 18 years old to use the WeddingCharms.com Site.
5. Content.
The text, images, photographs, graphics, logos, illustrations, descriptions,
data, and other material provided on the WeddingCharms.com Site, as well as the selection,
assembly and arrangement thereof, are referred to collectively as the
"Content."
The Content may contain errors, omissions, or typographical errors or may be
out of date. WeddingCharms may change, delete, or update any Content at any time and
without prior notice. The Content is provided for informational purposes only
and is not binding on WeddingCharms in any way except to the extent it is specifically
indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks,
service marks, and other proprietary rights that are owned by WeddingCharms or by third
parties that have licensed their use to WeddingCharms. You may view and use the Content
only for your personal information and for shopping and ordering on the WeddingCharms.com
Site, and for no other purpose, and you shall retain intact all copyright and
other proprietary notices. Except as provided in the foregoing, WeddingCharms does not
grant to you or any person any right to use, reproduce, copy, modify, transmit,
display, publish, sell, license, create derivative works, publicly perform, or
distribute by any means, method, or process whatsoever, now known or hereafter
developed, any of the Content on or transmitted through the WeddingCharms.com Site,
including without limitation by transferring, downloading or otherwise copying
any Content onto any disk drive or other storage medium. Any use of the
Content, except as specifically permitted in these Terms or as otherwise
expressly permitted in the Content or in a writing signed by WeddingCharms, is strictly
prohibited.
6. Linked Third Party Sites.
Links to other Internet sites operated by third parties, including WeddingCharms
affiliates, do not constitute sponsorship, endorsement, or approval by WeddingCharms of the
content, policies, or practices of such linked sites. Linked sites are not
operated, controlled, or maintained by WeddingCharms, and WeddingCharms is not responsible for the
availability, content, security, policies, or practices of linked sites,
including without limitation privacy policies and practices. Links to other
sites are provided for your convenience only, and you access them at your own
risk.
7. Prices; Orders.
All prices displayed on the WeddingCharms.com Site are quoted in U.S. dollars. WeddingCharms may
restrict delivery to addresses within the United States and Canada. WeddingCharms will
add shipping and handling fees and applicable sales/use tax. WeddingCharms reserves the
right without prior notice to discontinue or change specifications and prices
on products and services offered on the WeddingCharms.com without incurring any obligation
to you. Products displayed on this site are available while supplies last.
Descriptions of, or references to, products or services on the WeddingCharms.com Site do not
imply endorsement of that product or service, or constitute a warranty, by WeddingCharms.
The receipt by you of an order confirmation does not constitute WeddingCharms's
acceptance of an order. Prior to WeddingCharms's acceptance of an order, verification of
information may be required. <B>WeddingCharms reserves the right at any time after receipt
of your order to accept or decline your order, or any portion thereof, even
after your receipt of an order confirmation from WeddingCharms, for any reason. WeddingCharms
reserves the right to limit the order quantity on any item and to refuse
service to any customer without prior notification.</B>
In the event that a product or service is listed at an incorrect price due
to supplier pricing information or typographical error, WeddingCharms shall have the
right to refuse or cancel orders placed for the product listed at the incorrect
price, regardless of whether 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 canceled, WeddingCharms shall promptly issue a credit to your credit card
account in the amount of the incorrect price.
8. Disclaimer and Limitation of Liability as to the WeddingCharms.com Site and
Content.
WeddingCharms MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE
WeddingCharms.com SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY
SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY,
COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. WeddingCharms
ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE WeddingCharms.com SITE
OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE WeddingCharms.com SITE OR ANY LINKED SITE IS FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING,
ALL CONTENT PROVIDED ON THE WeddingCharms.com SITE IS PROVIDED TO USERS "AS IS,"
WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS"
CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING
THROUGH OR AS A RESULT OF THE WeddingCharms.com SITE.
UNDER NO CIRCUMSTANCES SHALL WeddingCharms, ITS SUPPLIERS OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY
WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WeddingCharms.com SITE OR
ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS,
BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR
OTHERWISE, EVEN IF WeddingCharms IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Disclaimer and Limitation of Liability as to Products and
Services.
We want you to be completely satisfied with your WeddingCharms.com purchase. If for any
reason you are not entirely pleased with a product you purchased on the WeddingCharms.com
Site, simply return the item within 30 days of receipt for exchange or
refund. Complete details and exceptions are found in our refund policies elsewhere on this site. Returns are subject to a re-stocking charge. Shipping charges are non-refundable. Refunds will be issued in the same method as the
order was paid. After 30 days, all returns, replacements, service, and support
must be handled directly between you and the manufacturer. Some products are
packaged with the manufacturer's warranty and service information detailing
specific terms and conditions. Manufacturers' warranties may vary from product
to product.
ALL PRODUCTS AND SERVICES SOLD BY WeddingCharms ARE SUBJECT TO ANY APPLICABLE
WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, ACCORDINGLY, WeddingCharms MAKES NO REPRESENTATION
OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY
STATED HEREIN, WeddingCharms EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF
ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE WeddingCharms.com SITE, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL WeddingCharms, ITS SUPPLIERS OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY
FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN
CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT
OR SERVICE SOLD OR PROVIDED ON THE WeddingCharms.com SITE, EVEN IF WeddingCharms IS EXPRESSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WeddingCharms'S LIABILITY EXCEED
THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE
CLAIM.
10. Indemnification.
You agree to defend, indemnify, and hold harmless WeddingCharms, WeddingCharms's vendors, and
their affiliates and related entities and their respective directors, officers,
employees, and agents from and against all claims, losses, damages,
liabilities, and costs (including but not limited to reasonable attorneys' fees
and court costs), arising out of or relating to your breach of these Terms or
your access to or use of the WeddingCharms.com Site. The foregoing indemnification
obligation shall survive termination of these Terms and the WeddingCharms.com Site and any
product or service provided to you arising out of or relating to your use of
the WeddingCharms.com Site.
11. Submissions.
Except as otherwise expressly provided herein or in the WeddingCharms PRIVACY
STATEMENT posted on the WeddingCharms.com Site, any communication or material you transmit
to the WeddingCharms.com Site by electronic mail or otherwise, including any questions,
comments, suggestions, or the like, is and will be treated as non-confidential
and non-proprietary and may be used by WeddingCharms, WeddingCharms vendors, or their affiliates or
related entities for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting. Furthermore,
WeddingCharms, WeddingCharms vendors, and their affiliates and related entities are free to use any
ideas, concepts, know-how, or techniques contained in any communication you
send to the WeddingCharms.com Site for any purpose whatsoever, including, but not limited
to, developing, manufacturing, and marketing products or services using
information contained in such communication.
12. Miscellaneous.
These Terms constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. No waiver
by WeddingCharms of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. If any provision of these Terms
shall be unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from the Terms and shall not affect the validity and
enforceability of any other provisions of the Terms. The headings and captions
in these Terms are intended for convenience only and shall in no way affect the
interpretation of the Terms.
WeddingCharms shall not be liable for any nonperformance or delay in performance
caused by any act beyond its reasonable control, including but not limited to
acts or omissions of third parties, unavailability of supplies, equipment
failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any
law, regulation, ordinance, or other act or order of any court, government, or
governmental agency, or delays, unavailability, errors, or other failures of
the Internet or other data networks.
Access to or use of the WeddingCharms.com Site shall not be construed as WeddingCharms's purposeful
availment of the privilege or benefits of doing business in any state
or legal jurisdiction other than the State of Florida. This
Agreement shall be governed by and construed in accordance with the
laws of the State of Florida, without regard to conflicts
of law provisions. Additionally, any claims brought against WeddingCharms shall
be governed by and construed in accordance with the laws of the State of Florida. Sole and exclusive jurisdiction for any action or proceeding
arising out of, or related to, this Agreement, use of this website,
or any orders placed or products purchased on WeddingCharms.com, shall be in the federal courts located in the State of Florida
or the State of Florida courts in the County of Sarasota.
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