Terms of Use
Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on January 3, 2010.
This Terms of Use Agreement sets forth the standards of use of the website at www.twellwishes.com (the “Site”) operated by TwellWishes, LLC (“TwellWishes” or “we” or “us”). By using the Site, you (“you” or the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Compliance with Laws.
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
2. Copyright and Trademark Information.
(a) All content on the site other than Content provided by third parties is either owned or licensed by TwellWishes,
LLC and may not be reproduced or used in any manner without the express written permission of TwellWishes, LLC.
Copyright © 2010 TwellWishes, LLC. All rights reserved.
(b) TwellWishes, TwellWishes.com, TWLL.ES and TwellWishes, LLC are trademarks owned by TwellWishes and may not be used
without prior written permission of TwellWishes.
3. Privacy.
(a) TwellWishes may collect certain information from and about its users by, among other things, directly from our web server
logs, from users, and with cookies.
(b) This Site contains links to other sites. We are not responsible for the privacy practices or the content of such Web sites.
4. Disclaimer of Warranties.
The Site is provided by TwellWishes on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, TwellWishes makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. TwellWishes shall have no liability for any interruptions in the use of the Site. TwellWishes disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
5. Limitation of Liability.
TWELLWISHES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TWELLWISHES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TWELLWISHES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
6. Indemnification.
Member agrees to indemnify and hold TwellWishes, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or violation of any law by Member.
7. Modifications and Interruptions to Site.
TwellWishes reserves the right to modify or discontinue the Site with or without notice to the Member. TwellWishes shall not be liable to Member or any third party should TwellWishes exercise its right to modify or discontinue the Site. Member acknowledges and accepts that TwellWishe does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of TwellWishes’s control.
8. Disclaimer Regarding Accuracy of Information Provided by Third Parties.
Specifications about and other information regarding website layouts on the Site have been provided by third parties and is not verified by TwellWishes. While TwellWishes makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site.
9. Governing Law and Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without reference to conflict of laws principles. You agree that any legal action brought under or in conjunction with this Agreement shall be brought in a federal or state court of appropriate jurisdiction in the State of North Carolina and venue shall be proper in that court.
10. Other Terms.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by TwellWishes in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.