Effective Date of Terms: January 1, 2000
Welcome to the LatterDayBride.com Web sites, which include but are not limited to LatterDayBride.com, BridalCurves.com, and LatterDayBride.com//community (the "Sites"). The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement").
Your use of the Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to this Agreement, please do not use the Sites.
This Agreement is entered into by and between you and LatterDayBride.com LLC, a Utah Limited Liability Company ("LatterDayBride" or "We"). In consideration of your use of and access to the Sites, and the promises and obligations herein, and intending to be legally bound, you and LatterDayBride hereby agree as follows:
1. Agreement to Terms.
LatterDayBride shall have the right at any time and without prior notice, at its sole discretion, to revise this Agreement or to impose new terms and conditions with respect to access to or use of the Sites. 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 Sites. You should check this Agreement and conditions periodically for any modification to this Agreement. By using the Sites after we post changes to this Agreement, you agree to accept those changes, whether or not you actually reviewed them. No modification to this Agreement by any party other than LatterDayBride shall be enforceable against LatterDayBride unless expressly agreed to by LatterDayBride in writing.
2. Specific Terms
This Agreement and the information provided in the Sites do not modify or supersede the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Sites contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to this Agreement. To the extent there is a direct conflict between this Agreement and the Specific Terms, the Specific Terms shall prevail.
3. Discontinued Operation of Site.
LatterDayBride shall also have the right without notice and at any time, for any reason, to discontinue operation of the Sites or any portion thereof, or any products or services offered through the Sites, or to terminate your right to access or use the Sites or any portion thereof or your account, including for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or LatterDayBride or its suppliers.
You must be at least 13 years old to use the Sites, and if you are under 18, you may use the Sites only with the permission and involvement of a parent or guardian.
5. Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Sites, 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. LatterDayBride 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 LatterDayBride 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 LatterDayBride or by third parties that have licensed their use to LatterDayBride. You may view and use the Content only for your personal information and for shopping and ordering on the Sites, and for no other purpose. You may not otherwise use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots, or similar data gathering and extraction tools at the Sites. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LatterDayBride or its suppliers without our express, written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, written consent. Any use of the Content, except as specifically permitted in this Agreement or as otherwise expressly permitted in the Content or in a writing signed by LatterDayBride, is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Sites, or items advertised on the Sites, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Sites. In order for us to investigate your claim of infringement, you must provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Sites; Your name, address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to LatterDayBride's agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
178 South Rio Grande Street
Salt Lake City, UT 84101
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by LatterDayBride, and other trademarks appearing on the Sites are the trademarks of LatterDayBride and/or its subsidiaries.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote LatterDayBride's products and services available in the United States. The Sites are controlled and operated by LatterDayBride from its offices in Salt Lake City, Utah.
7. User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to LatterDayBride, whether online, by email, by postal mail, or otherwise ("Comments") shall be and remain LatterDayBride's property. Your disclosure, submission or offer of any Comments shall constitute an assignment to LatterDayBride of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and LatterDayBride shall not be limited in any way in its use, commercial or otherwise, of any Comments. LatterDayBride is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. LatterDayBride has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead LatterDayBride or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. LatterDayBride takes no responsibility and assumes no liability for any Comments posted by you or any third party.
You may not post on or transmit through the Sites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable Content of any kind, including but not limited to any Content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. If we are notified of any such Content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Sites. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Sites or our business; or (iii) to protect the rights or property of LatterDayBride, its suppliers, you or other users of the Sites.
You may upload to or otherwise submit to the Sites only such Content (a) that is not subject to any copyright or other proprietary rights restrictions; (b) with respect to which the owner or licensor has given express authorization for LatterDayBride to distribute over the Internet; or (c) that does not contain any material that may damage, interfere with, intercept or expropriate any system, data or personal information. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject you to civil and criminal liability. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of any material prohibited by this Agreement.
8. Linked Third Party Sites.
Links to other websites operated by third parties, including LatterDayBride's suppliers and vendors, do not constitute sponsorship, endorsement, or approval by LatterDayBride of the content, policies, or practices of such linked sites. Linked websites are not operated, controlled, or maintained by LatterDayBride, and LatterDayBride is not responsible for the availability, content, security, policies, or practices of linked websites, including without limitation privacy policies and practices. Links to other websites are provided for your convenience only, and you access them at your own risk.
The Sites may contain links to other Web sites that are not under the control of LatterDayBride. LatterDayBride has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.
9. Disclaimer and Limitation of Liability as to the Sites and Content.
LATTERDAYBRIDE AND ITS SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITES 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. LATTERDAYBRIDE AND ITS SUPPLIERS ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE SITES 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 SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL LATTERDAYBRIDE, 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 SITES 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 LATTERDAYBRIDE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. LatterDayBride expressly disclaims any duty to update or revise the materials on the Sites, although LatterDayBride may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. LatterDayBride shall not be liable for any damages of any kind related to your use of the Sites.
10. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
11. Disclaimer and Limitation of Liability as to Products and Services.
LATTERDAYBRIDE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED ON THE SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
While LatterDayBride takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your personal information.
UNDER NO CIRCUMSTANCES SHALL LATTERDAYBRIDE, 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 SITES, EVEN IF LATTERDAYBRIDE OR ITS SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF LATTERDAYBRIDE OR ITS SUPPLIERS EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
Many products displayed on the Sites are available in select LatterDayBride and BridalCurves stores in the United States and, in some cases, select foreign markets. The prices displayed on the Sites are quoted in U.S. Dollars.
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
You agree to defend, indemnify, and hold harmless LatterDayBride, LatterDayBride's suppliers and vendors, and their respective 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 this Agreement or your access to or use of the Sites and any product or service provided to you arising out of or relating to your use of the Sites. The foregoing indemnification obligation shall survive termination of this Agreement and the Sites.
You agree to defend, indemnify and hold LatterDayBride harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
13. Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and LatterDayBride agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to LatterDayBride at: LatterDayBride 175 West 200 South, Suite 1003, Salt Lake City, UT, 84101, Attn: General Counsel, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and LatterDayBride agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
14. Registration; Customer Accounts; Use of Site.
Certain services offered on or through the Sites require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Sites due to someone else using your password or customer account. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to the Sites, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. You agree to provide us with accurate information about yourself and your billing information as prompted by the registration process, and update that information to keep it current. You may update any of your account information by clicking on the My Account button, logging in to your account and selecting My Profile.
You may not use any automatic device, program, or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Sites.
This Agreement 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 LatterDayBride 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 this Agreement 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 this Agreement are intended for convenience only and shall in no way affect the interpretation of the Terms.
LatterDayBride and its suppliers shall not be liable for any nonperformance or delay in performance caused by any act or event beyond their reasonable control.
You consent to receive electronic communications from us, whether addressed to the e-mail address associated with your account or posted on the Sites. You acknowledge and agree that any communication by e-mail or by posting on this Site satisfies any legal requirement that such communications be made in writing.
This Agreement shall be construed in accordance with the laws of the State of Utah, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Utah, County of Salt Lake. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Sites, or any orders placed or products purchased on the Sites, shall be in the state or federal courts located in Salt Lake County, Utah. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of LatterDayBride's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
Access to or use of the Sites shall not be construed as the purposeful availment by LatterDayBride or its suppliers of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Utah.
178 South Rio Grande Street
Salt Lake City, UT 84101
This Agreement is effective unless and until terminated by either you or LatterDayBride You may terminate this Agreement at any time. LatterDayBride also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.