Terms of Service

Last Updated:

November 4, 2019

 

The following Terms and Conditions (hereinafter referred to as the “Terms”) between you (referred to as “you”, “your”, or “user”) and Wedding Words LLC (referred to as “Wedding Words” or “our”) describe the specifications on which you may access and use this website, www.weddingwords.us (the “Site”), including all information, tools, and services available to you, conditioned upon your acceptance of all of the Terms, conditions, policies, and notices stated herein.

 

Wedding Words creates, crafts, and drafts uniquely customized wedding vows, marriage proposal, maid of honor, best man and father and/or mother wedding speeches as well as offers a wedding vow writing course, wedding vow editing, ceremony design services, and an upcoming vow writing workbook (the “Product(s)” and/or “Service(s)), which are all sold directly to you or purchased on the Site. By visiting and accessing the Site and/or purchasing something from Wedding Words, you are engaging in our Services and agree to be bound by the following Terms. These Terms apply to each Site user, including without limitation users who are browsers, vendors, customers, merchants, and/or content contributors.

 

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU SHOULD ALSO CAREFULLY REVIEW THE WEDDING WORDS PRIVACY POLICY BEFORE USING ANY SERVICES OR PRODUCTS THROUGH THIS SITE.

 

YOU MAY NOT USE THE SITE’S SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

 

BY ACCESSING ANY PART OF THIS SITE OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY SERVICES.

 

Any new features or tools, such as the Wedding Words blog, which are added to the current Services shall also be subject to the Terms outlined herein. You can review the most current version of the Terms at any time on this page. Wedding Words reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes to our Site at our sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

 

1.         Service Terms

 

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. Minors may use this Site under the supervision of their parents or legal guardians who agree to be bound by these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, you are fully responsible for his or her use of the Site, Products, and Services, including all liabilities.

 

You may not use our Services or Products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright laws).

 

You represent and warrant that you are using the Products and Services from the Site for your own personal use only, and not for resale, export, publication, re-use or any other similarly unauthorized use.

 

A breach or violation of any of the Terms will result in an immediate termination of the Services.

 

2.         General Conditions

 

Wedding Words reserves the right to refuse Services to anyone, for any reason, at any time at our own discretion. Any reliance on the information on this Site is at your own risk.

 

You acknowledge and agree not to reproduce, export, publish, assign, duplicate, copy, sell, resell, lease, license or exploit the Products or Services, or any portion thereof.

 

Wedding Words reserves the right at any time to modify or discontinue the Services or any Product(s) (or any part or content thereof) without notice at any time. Wedding Words shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or any Product(s).

 

You consent to receiving communications from us, including but not limited to, e-mails, text messages, and/or calls regarding your orders, deliveries, updates to our Services, marketing, advertisement, and any other relevant information.

 

3.         Description of Products and Services

 

All Products, especially any customized speeches and/or written vows, are made to order based on your custom specifications, and therefore cannot be cancelled after you have had your official call or video conference with Wedding Words for Wedding Words to begin crafting your speech (hereinafter referred to as “Meeting”).

 

You are responsible for ensuring that your order correctly specifies the style and type of Product or Service ordered. Wedding Words is not responsible for errors made by the customer during the ordering process or Meeting.

 

4.         Prices and Payments

 

Unless otherwise noted, prices for each Product will be determined on a case-by-case basis following your initial communication with Wedding Words, or the filling out of a form-based query found on the Site (hereinafter referred to as the “Initial Query”) .  All prices, discounts, and promotions on the Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail or correspondence. Taxes and charges may be added to your merchandise total. Wedding Words strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Wedding Words reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

If you do not pay the amounts that you owe when due, or your payment method fails over a continuous period of time, Wedding Words may initiate collection procedures. You agree to pay our cost of collection, including without limitation to reasonable attorney’s fees.

 

5.         Shipments; Delivery; Risk of Loss

 

We will arrange for the shipment of any Product(s) at the mailing address provided by you. You will pay all shipping and handling charges specified during the ordering process. At the time of order, you may request expedited shipping for an additional cost. We are not liable for any delays, damages, or other issues as a result of the courier. Upon delivery, you bear responsibility for the Product(s).

 

We welcome orders from our non-US customers. All transactions will be completed in US dollars, using the commercial exchange rate calculated by our merchant processor at the time the transaction is completed.

 

If your shipping destination is outside of the US, you may be required to pay taxes (including but necessarily limited to sales, value-added, use, and excise taxes), tariffs, import fees, duties, other fees, charges, and/or assessments related to your order. We do not collect any taxes, fees, duties, or other charges or assessments for non-US shipments, and you will be responsible for paying them at the time of your order's receipt.

 

6.         Return Policy, Refunds, and Disputes

 

Since all orders are made to custom specifications, Wedding Words does not allow for cancellations with refund after proof acceptance or after the Meeting with Wedding Words has taken place, nor does Wedding Words allow returns on completed orders, especially the customized vows and/or speeches. If you're unhappy with your order and feel like Wedding Words did not produce an acceptable Product and/or Service, please contact us within 30 days of receiving your order and Wedding Words will do our best to rectify the situation. Should Wedding Words, in our sole discretion, decide to re-write any Product(s) or refund or credit to you any amounts paid for an order, that re-write, refund, or credit shall constitute our entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that order.

 

7.         Intellectual Property

 

The Services, including Wedding Word’s name, logos, Products, and content, including all intellectual property rights in and to the Services and any changes, modifications, or corrections thereto, are the property of Wedding Words. Wedding Words reserves all rights in and to the Services not granted expressly in these Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any of our content except as expressly permitted by these Terms.

 

If you post, upload, or make available any photos, reviews, information, data, text, images, files, communications, or other materials regarding our Services and your use of the Product(s) or Services on any website, blog, article, or social media platform (“Your Content”), you hereby grant Wedding Words a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Product(s) or Services, including but not limited to advertising, promoting, and marketing the Product(s) or Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.

 

For clarity, as between you and Wedding Words, Wedding Words owns, solely and exclusively, the right, title and interest in and to any and all customized Products and/or Services created, crafted, or drafted for you.

 

8.         Disclaimer of Warranties and Limitation of Liability

 

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

IN NO EVENT SHALL WEDDING WORDS BE LIABLE TO YOU, THE CUSTOMER, OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR WEDDING WORDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID YOU PAID FOR THE PRODUCT(S) AND SERVICES.

 

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law; and (ii) not apply to: (a) liability resulting from our gross negligence or willful misconduct, or (b) death or bodily injury resulting from our acts or omissions.

 

9.         Binding Arbitration

 

If a controversy or claim should arise, the Parties will attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding and conclusive on the Parties. The Parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties. Judgment may be entered in any court having jurisdiction.

 

10.       Notices

 

Wedding Words may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide; or (ii) by posting to the Site. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Site will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Site.

 

To give us notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice by e-mail shall be effective on the date the e-mail is sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one business day after it is sent. Notice provided by certified mail shall be effective three business days after it is sent.

 

11.       Miscellaneous

 

Third-Party Content. The Services may contain links and references to other third-parties (“Third-Party Content”). This Third-Party Content is provided as a convenience for additional information. Wedding Words is not responsible for any Third-Party Content or the actions of those that provide such content. Any information regarding a Third-Party found on our Site does not imply that Wedding Words endorses or accepts any responsibility or liability for the Third-Party, or vice versa.

 

Use of Services. You may not use the Services or Products to express any content, information or other materials that are, or which Wedding Words considers, in our sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, including without limitation to expressions of bigotry, prejudice, racism, hatred or profanity.

 

Additionally, after you have received the final version of your customized Service or Product, if you choose to edit it, you may not market it thereafter as a Wedding Words Service or Product without first receiving the written approval of Wedding Words.

 

Indemnification. By using the Services, you agree to indemnify, hold harmless, and defend Wedding Words from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorney’s fees resulting directly or indirectly from a claim by a third-party that is based on your use of the Product(s) or Services.

 

Privacy Policy. Wedding Words respects your privacy and is committed to protecting it. To learn more please visit our Privacy Policy available on the Site, which governs the processing of all personal data collected from you in connection with your use of the Services. You acknowledge and consent to the collection and use of your personal information by Wedding Words for the purpose of using the Site.

 

Governing Law and Jurisdiction. This Site is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.

 

Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

 

Waiver. The failure by Wedding Words to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Wedding Words.

 

Force Majeure. Wedding Words will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

 

Our confirmation, these Terms, and our Site’s Privacy Policy will be deemed the final and integrated Agreement between you and Wedding Words. You acknowledge and agree that this Agreement is a legally binding document that shall govern the relationship between Wedding Words and you in connection to the use of the Site and its Services and/or Products as defined herein.

 

If you have any questions, please feel free to contact Wedding Words directly via email or through our Site. Our contact information is listed below:

 

 

Wedding Words

99 Wall Street, Suite 1173

New York, NY 10005

 

katelyn@weddingwords.us