USER AGREEMENT
PANDORA'S WISH, LLC ("PW") IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON "I ACCEPT", YOU WILL INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN PW IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE.
REGISTRY ACCOUNT AGREEMENT Effective Date: January 1, 2010 To review material modifications and their effective dates scroll to the bottom of the page.
1. Parties. The parties to this legal Agreement are you, and the owner of this newlywish.com website business, PW. If you are not acting on behalf of yourself as an individual, then "you", "your", and "yourself" means your company or organization or the person you are representing. All references to “we”, "us", "our", "this website" or "this site" shall be construed to mean this newlywish.com website business and PW.
2. Agreement. The legal Agreement between you and PW consists of this REGISTRY ACCOUNT AGREEMENT, plus our Terms of Use and Privacy Policy which are incorporated herein and accessible on this site’s home page. If there is any conflict between this REGISTRY ACCOUNT AGREEMENT and the Terms of Use, this REGISTRY ACCOUNT AGREEMENT shall take precedence.
3. Modification of Agreement. We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site's home page and/or by giving you prior notice of a modification. You should check this Agreement periodically for modifications by scrolling to the bottom of this page for a listing of material modifications and their effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.
4. Account Eligibility. Accounts and orders for goods are not available to minors under the age of 18 years of age. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party.
5. Account Services. Establishing an account authorizes you to use services described on this site ("Services"). We reserve the right to update and modify the Services from time to time.
6. Account Use and Restrictions. Subject to the terms and conditions of this Agreement, our Terms of Use, and our Privacy Policy, you may access and use this site's Services, but only for your own internal purposes. All rights not expressly granted in this Agreement are reserved by us and our licensors.
6.1 You will be granted a single login ID and password for each account that you establish, and your access and use of the Services will be limited to one person at a time per ID and password. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.
6.2 You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content; (iii) except for linking to this site’s home page, create Internet links to the site, its Services or content, or (iv) "frame" or "mirror" any site, its Services or content on any other server or Internet-enabled device.
6.3 You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.
7. Ownership of Site and Intellectual Property. We alone (and our licensors, where applicable) remain the owner all intellectual property rights that are embodied in this site and its content and software systems, the subscription services, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the site. This Agreement is not a sale and does not convey to you any rights of ownership. Our name, logo, and the product/services names associated with this site are our proprietary trademarks (and our licensors’, where applicable) and no right or license is granted to use them.
8. Your Account-Related Responsibilities. You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security regarding the subscription services.
9. Termination. You agree that we may terminate your account and access to the site for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site, or (ii) requests by law enforcement or other government agencies. Termination of your account includes (i) removal of access to all services, and (ii) deletion of your login data, password, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to services. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you.
10. Purchase of Goods. We agree to sell, and you agree to purchase, goods from this site, subject to the terms and conditions hereof. Orders are not binding upon us until accepted by us. Other than as specifically provided in any separate formal purchase agreement executed by both of us, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document. Any attempt to alter, supplement or amend this document or to enter an order for goods which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed in writing by both of us.
11. Shipment Limitation. We will accept orders for shipment only to your location in the 50 United States or the District of Columbia. No shipments will be made outside the United States or to a P.O. Box address.
12. Resale Prohibition. Goods are available for purchase only for your own personal use or to give as a gift; resale of goods purchased from this site is prohibited. This resale prohibition is a material condition to your rights under this Agreement, and it is agreed that any direct or indirect distribution, transshipment and/or sale of items purchased from this site, or others purchasing through you, will be a material breach of this Agreement, and will result in irreparable harm to us for which money damages will not be adequate. In the event of such breach, the parties agree that in addition to any other remedies we may have at law and/or in equity, we will be entitled to injunctive relief to prevent any threatened or continued breach and to specifically enforce this provision.
13. Price Quotes; Pricing. Any price quotations provided on this site shall be valid for the period stated. If no time period is stated, then the price charged for an order will be the price in effect the day we accept the order. Item prices shall be identified on the on-line order form at the time of your order placement. We may change item prices at any time without notice. Prices do not include charges for shipping and handling, and applicable taxes.
14. Shipping and Handling Charges; Taxes. Separate charges for shipping and handling will be shown on our order confirmation. You will be responsible for sales and all other taxes associated with your order, except for taxes on our net income. If applicable, a separate charge for taxes will be shown on our order confirmation.
15. Payment Terms. Terms of payment are within our sole discretion, and unless otherwise agreed to by us in a signed written document, payment must be made in a manner approved by this site and received by us prior to our acceptance of an order.
16. Passage of Title; Risk of Loss. Title to goods purchased at this site under this Agreement passes from us to you on shipment. Loss or damage that occurs during shipping by a carrier selected by us shall be our responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility.
17. Return/Refund and Shipping Policies. If you wish to return an item for a full refund and it was a non-registry purchase, review the return policy of the specific merchant from which the item was purchased and ship the item, along with the original packing slip, directly to the merchant or return in person. If shipping, please be sure to pack the item(s) you are returning very carefully. Further, we suggest choosing a shipping method that will allow you to insure your returned item, as you are otherwise responsible if it is not received in its original condition. All registry returns are subject to each merchant/service provider’s registry return policy, which is generally within Twelve (12) months of shipment of the product to you and for store credit only. Similar, each merchant is responsible for adheringtotheirshippingpolicies,linkstowhichareavailablebelow. Again,pleaserevieweach merchant/service provider’s return and shipping policies prior to registering for/purchasing items through NewlyWish.com. Below are links to the return and shipping policies of merchants/service providers in the NewlyWish.com network.
Bobby Berk Home -- https://www.bobbyberkhome.com/Shop/Returns
Greenhouse Living -- http://stores.shop-greenhouse.com/-strse-template/policy/Page.bok
Bowery Kitchen Supply -- http://www.bowerykitchens.com/info.html
John Barrett Salon -- http://www.johnbarrettstore.com/help.asp
Sonya Renee -- WE DO NOT ISSUE REFUNDS UNDER ANY CONDITION, EXCHANGES ON CERTAIN ITEMS ONLY. All sales are final. All personalized merchandise, i.e. Stamped, Engraved, or Fine Jewelry (Milestones Collection) Sales, are non-exchangeable or non-refundable.
On all remaining items, we are happy to make an exchange of equal value for a purchase if you are not 100% satisfied. The item(s) must be returned unworn and in perfect condition bearing the tag within 10 days of the original shipping date. Shipping and handling fees are non-refundable.
Fraud notice: IP addresses are being logged. Any attempts to purchase goods fraudulently or those using a fraudulent chargeback will be prosecuted through your credit card merchant and your information will be listed on the chargebackbureau.com
Fed-Ex Ground Residence - (PLEASE DO NOT SELECT COMMERCIAL IF WE ARE SHIPPING TO A RESIDENCE) with a Tracking Number Emailed to you, allow from 3 - 7 business days for this service depending on the shipping location. Residential delivery incurs a surcharge. If you have the ability to ship to a commercial address, this will be the cheapest option. $0 - $900 --- $8.00 Shipping
Fed-Ex Ground Commercial - with a Tracking Number Emailed to you, allow from 3 - 7 business days for this service depending on the shipping location. Please do not select Commercial if you are shipping to a residence. Your order will be rejected if we ship to a residence and you have selected commercial. Commercial is for businesses, suites, and excludes apartments or home addresses. $0 - $900 --- $6.00 Shipping
Fed-Ex 2 Day Air - $20.00 - If you have placed your order after 3pm Central Standard Time your order will be shipped within 2 business days via Fed-Ex 2 Day Air. Your items cannot be fine jewelry, or any engraved or customized items to be shipped within 48 hours. Fed Ex Overnight Standard option - $40 - If you have placed your order after 3pm Central Standard Time your order will be shipped within 1 business days via Fed-Ex Standard Overnight. Your items cannot be fine jewelry, or any engraved items to be shipped within 48 hours. IF you have a question about the timing of your shipment, please email us: info@sonyarenee.com and we will reply asap.
SHIPPING OUTSIDE THE U.S. - Currently, we are only shipping within the continental United States. If you are outside of the U.S. and you can provide your own fed ex account number, or UPS number, or email us a label after your purchase, we are happy to do so.
Time Frame on Shipments – Most orders are shipped out within 1 – 4 business (i.e. Monday through Friday) days with the exception of large scale orders, customized items (such as engraved pendants), or Fine Jewelry (milestones collection) which ships out within 1 - 4 weeks. After the item has shipped, please allow 3-7 business days for delivery unless you selected FedEx 2-Day Air for the shipping option. If you need something overnighted we may be able to accommodate that request on a case-by-case basis. Email us to find out.
Shipping rates are calculated by total and if a discount is used, the rate will be based on the pre- discounted total.
18. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON- INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE SERVICES OR THE SERVER(S) THAT DELIVER THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE GOODS THAT RELATED TO THE CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SUBSCRIPTION SERVICE, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SUBSCRIPTION SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SUBSCRIPTION SERVICE OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20. Intended For Use Only in the United States. This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.
21. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
22. Export Control. This site provides Services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site ("User") acknowledges and agrees that the site and Services shall not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
23. Registration Data. Registration is required for you to establish an account at this site. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form ("Registration Data"), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.
24. How We Treat Postings To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
25. Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
26. Monitoring. We reserve the right to monitor your access and use of this website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.
27. Privacy and Security. You may access, read, and print our policies regarding privacy and security through the Privacy Policy link on our site's home page. As stated in our Privacy Policy, we reserve the right to modify our terms regarding privacy and security from time to time. In your review of our Privacy Policy, please note our policies regarding email notice to you and your rights to opt out of such emails. Provided that we comply with the security policies specified in our Privacy Policy, we will not, under any circumstances, be held responsible or liable for situations where information or transmissions are accessed by third parties through illegal or illicit means or through the exploitation of security vulnerabilities in our site and network. We will promptly report to you any unauthorized access to your information promptly upon discovery, and we will use diligent efforts to promptly remedy any security vulnerability that permitted the unauthorized access. If notification to persons affected by the unauthorized access is required, you agree to be solely responsible for any and all such notifications at your expense.
28. Notices. We may give notice to you by means of (i) a general notice in your account information, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: (a) by letter sent by confirmed facsimile to us at the following fax number, 212-348-6115; or (b) by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us as follows: Pandora's Wish, LLC, 331 East 92nd Street, Suite 1D, New York, NY 10128, in either case, addressed to the attention of “President of the Company”. Notices will not be effective unless sent in accordance with the above requirements.
29. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in New York, New York, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of State of New York, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
30. Jurisdiction and Venue. The courts of New York County in the State of New York, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
31. Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
32. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
33. U.S. Government End-Users. The software for this site consists of "commercial items," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government end-users of this site acquire only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
34. Survival. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof, such clauses to include, without limitation, the following: License Restrictions, Warranty Disclaimer, Limitation of Liability, Privacy And Security, Notices, Arbitration, Jurisdiction and Venue, Severability, Force Majeure, and Miscellaneous.
35. Miscellaneous. This Agreement, our Terms of Use, and our Privacy Policy (collectively the "Website Terms and Conditions") constitute the entire understanding of the parties with respect to this site and merges all prior communications, representations, and agreements. If any provision of these Website Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. These Website Terms and Conditions shall be construed under the laws of State of New York, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language.
-- Material Modifications Since January 1, 2010: none.