MADE EVERY EFFORT TO ACCURATELY REPRESENT OUR PRODUCTS AND SERVICES. THE
REPRESENTATION OF THE POTENTIAL OF OUR PRODUCTS AND SERVICES IS SUBJECT TO OUR
INTERPRETATION. WHILE THE RESULTS FOR THOSE PEOPLE THAT USE OUR PRODUCTS AND
SERVICES ARE USUALLY VERY ENCOURAGING. YOU ACKNOWLEDGE THAT YOUR RESULTS ARE
SUBJECT TO MANY INDEPENDENT FACTORS, ALL OF WHICH VARY FROM INDIVIDUAL TO
INDIVIDUAL AND ARE OFTEN OUT OF ANY INDIVIDUAL’S CONTROL.
AS SUCH, WE
MAKE NO WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL EXPERIENCE ANY SPECIFIC
RESULTS BY USING OUR PRODUCTS AND SERVICES.
EXAMPLES WE HAVE PROVIDED SHOULD NOT BE INTERPRETED AS ANY GUARANTEE OF
REQUEST, WE MAY ASSIST YOU IN THE VERIFICATION OF CLAIMS OF EXAMPLES OF ACTUAL
RESULTS ACHIEVED, THOUGH WE ARE UNDER NO OBLIGATION TO DO SO.
FOUND IN OUR PRODUCTS AND SERVICES MAY CONTAIN INFORMATION THAT INCLUDES
FORWARD-LOOKING STATEMENTS AS DEFINED BY THE “PRIVATE SECURITIES LITIGATION
REFORM ACT OF 1995.” WE BASE ANY FORWARD-LOOKING STATEMENTS SOLELY UPON OUR
EXPECTATIONS ON EVENTS THAT HAVE NOT YET OCCURRED.
EASILY IDENTIFY SUCH STATEMENTS, AS THEY DO NOT RELATE SPECIFICALLY TO ANY
FACTS, WHETHER HISTORICAL OR IN CURRENT DAY. THESE STATEMENTS USE WORDS SUCH AS
“ANTICIPATE,” “BELIEVE,” “ESTIMATE,” “EXPECT,” “INTEND,” “PLAN,” “PROJECT,” AND
OTHER SUCH WORDS THAT IMPLY SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF
ANY AND ALL
FORWARD LOOKING STATEMENTS USED WITH OUR PRODUCTS AND SERVICES ARE SOLELY BASED
UPON OUR OPINION OF RESULTS POTENTIAL. AS THERE ARE MANY FACTORS THAT WILL
DETERMINE YOUR ACTUAL RESULTS, WE MAKE NO GUARANTEES THAT YOU WILL ACHIEVE SIMILAR
OR ANY RESULTS FROM YOUR USE OF OUR PRODUCTS AND SERVICES.
membership agreement (the “Membership Agreement”) contains the terms and
conditions that govern your use of The Wedding Day Body Plan website (the
“Website”) and the Services (as defined below). THIS MEMBERSHIP AGREEMENT
DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES, AND INCLUDES DISCLAIMERS OF
WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND THE
REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FOR AN ESSENTIAL
BASIS OF OUR The Wedding Day Body Plan AGREEMENT.
If you do
not agree with any of these terms, do not access or otherwise use the Website
or Services, or any information or materials contained on the Website.
Day Body Plan. (“The Wedding Day Body Plan”) owns and operates the Website.
This Membership Agreement is between you and The Wedding Day Body Plan. The
Wedding Day Body Plan reserves the right to add, delete, and modify any of the
terms and conditions contained in this Membership Agreement at any time and in
its sole discretion by posting a change notice or a new agreement on the
Website. In the event of substantive changes to this Membership Agreement, the
new terms will be posted to the Website, you will be required to affirmatively
assent to its terms, and you may also be notified by email. If any modification
is unacceptable to you, your only recourse is not to use the Website and the
Services and to request an immediate termination of your membership. Your
express consent or continued use of the Website or the Services following
posting of a change notice or new Membership Agreement on the Website will
constitute binding acceptance of the changes.
Wedding Day Body Plan provides a number of Internet-based services through the
Website (all such services, collectively, the “the Services”), including
without limitation training and materials for you to become more healthy and
lose weight. The Wedding Day Body Plan reserves the right to add, change, and
delete content and services from the Website or Services from time to time.
applicable, you agree to pay, and authorize automatic recurring billing of, the
membership fee with your credit card, or other payment methods, until
subsequently cancelled. Your payment for the initial 30-day period is
refundable, provided that you contact us and request that we cancel your
membership and refund your fee within the initial 30-day period. You understand
and agree that each subsequent automatic recurring billing of the membership
fee is not refundable and will not be prorated.
Wedding Day Body Plan reserves the right to change the membership fee from time
2. Use of
the Website and the Services
Wedding Day Body Plan will only knowingly provide the Services to parties that
can lawfully enter into and form contracts under applicable law. The Website
and the Services are not for anyone under the age of 18 and any such use is
must comply with all of the terms and conditions of this Membership Agreement,
the applicable agreements and policies referred to below, and all applicable
laws, regulations, and rules when you use the Website and the Services.
License to Use the Website and the Services.
Wedding Day Body Plan owns or licenses all intellectual property and other
rights, title, and interest in and to the Website, Services, and the materials
accessible on or through the Website and Services, except as expressly provided
for in this Membership Agreement. For example, and without limitation, The
Wedding Day Body Plan owns trademarks, copyrights, and certain technology used
in providing the Services. You will not acquire any right, title or interest
therein under this Membership Agreement or otherwise unless expressly provided
Wedding Day Body Plan grants you a limited revocable license to access and use
the Website and Services for their intended purposes, subject to your
compliance with this Membership Agreement. This license does not include the
right to collect or use information contained on the Website for purposes that
The Wedding Day Body Plan prohibits or to compete with The Wedding Day Body
Plan. If you use the Website or the Services in a manner that exceeds the scope
of this license or breaches any relevant agreement, your license shall
Third-Party Services. The Wedding Day Body Plan may provide links on the
Website to other websites that are not affiliated with, under the control of,
or otherwise maintained by The Wedding Day Body Plan, and may use third parties
to provide certain services accessible through the Website. The Wedding Day
Body Plan does not control those third parties or their services, and you agree
that The Wedding Day Body Plan will not be liable to you in any way for your
other policies. You must comply with such terms and policies as well as this
Membership Agreement when you use these services. If any such terms or policies
conflict with the Membership Agreement, agreements or policies, you must comply
with the Membership Agreement, agreements, or policies, as applicable. The
Wedding Day Body Plan does not endorse or make any representations or
warranties about third party sites or any information, software, or other
products or services found there.
the purpose of this Membership Agreement, “Confidential Information” shall be
deemed to include all information and materials that: (a) if in written format
is marked as confidential, or (b) if disclosed verbally is noted as
confidential at time of disclosure, or (c) in the absence of either (a) or (b)
is information which a reasonable party would deem to be non-public information
Confidential Information shall include without limitation: all information
provided on or through the Website or the Services; trade secrets, inventions,
research methods, methods of compiling information, methods of creating The
Wedding Day Body Plan database, procedures, devices, machines, equipment, data
processing programs, software, computer models, research projects, and other
means used by The Wedding Day Body Plan in the conduct of its business; product
formulations, strategies and plans for future business, new business, product
or other development, new and innovative product ideas, potential acquisitions
or divestitures, and new marketing ideas; information with respect to costs,
commissions, fees, profits, sales, markets, sales methods and financial
information; mailing lists, the identity of The Wedding Day Body Plan
customers, potential customers, distributors, and suppliers and their names and
addresses, the names of customer representatives responsible for entering into
contracts for The Wedding Day Body Plan’ products or services, the amounts paid
by The Wedding Day Body Plan customers, specific customer needs and
requirements, and leads and referrals to prospective customers; and the
structure, sequence, and organization of The Wedding Day Body Plan database,
together with source code and object code; and the identity of The Wedding Day
Body Plan employees, their respective salaries, bonuses, benefits,
qualifications and abilities.
acknowledge and agree that the nature of The Wedding Day Body Plan’
confidential, proprietary, and trade secret information to which you have, and
will continue to have, access to derives value from the fact that it is not
generally known and used by others in the highly competitive, international
industry in which The Wedding Day Body Plan competes. You further acknowledge
and agree that, even in complete good faith, it would be impossible for you to
work in a similar capacity for a competitor of The Wedding Day Body Plan without
drawing upon and utilizing information gained pursuant to this Membership
acknowledge that you are receiving such Confidential Information in confidence
and will not publish, copy, or disclose any Confidential Information without prior
written consent from the Company. You further agree that you shall not attempt
to reverse engineer, de-compile or try to ascertain the source code to The
Wedding Day Body Plan software or any other software supplied hereunder. You
acknowledge that you will only use the Confidential Information to the extent
necessary to promote your business, and that you will use best efforts to
prevent unauthorized disclosure of the Confidential Information to any third
obligation of confidentiality shall not apply to any particular portion of
Confidential Information which: (a) was in the public domain when The Wedding
Day Body Plan granted access to you; (b) entered the public domain through no
fault of you subsequent to receipt; (c) was in your possession free of any
obligation of confidence at the time of the disclosure by The Wedding Day Body
Plan; (d) was rightfully communicated by a third party to you free of any
obligation of confidence subsequent to the time of the originating party’s
communication thereof to you; (e) was developed by you independently of and
without knowledge or reference to any Confidential Information; (f) is approved
for release by written authorization from The Wedding Day Body Plan; or (g) is
required to be disclosed pursuant to any statute, law, rule or regulation of
any governmental authority or pursuant to any order of any court of competent
jurisdiction, but in any case, you will immediately notify The Wedding Day Body
Plan before disclosure and given a reasonable opportunity to obtain a
protective order or other form of protection.
agree not to alone or in association with others use Confidential or trade
secret information to (a) solicit, or facilitate any organization with which
you are associated in soliciting, any employee or customer of The Wedding Day
Body Plan’ to alter its relationship with The Wedding Day Body Plan; (b)
solicit for employment, hire, or engage as an independent contractor, or
facilitate any organization with which The Wedding Day Body Plan is associated
in soliciting for employment, hire, or engagement as an independent contractor,
any person who was employed by The Wedding Day Body Plan at any time during the
term of this Membership Agreement (provided, that this clause (b) shall not apply
to any individual whose employment with The Wedding Day Body Plan was
terminated for a period of one year or longer); or (c) solicit business from or
perform services for any customer, supplier, licensee, or business relation of
The Wedding Day Body Plan’, induce or attempt to induce, any such entity to
cease doing business with The Wedding Day Body Plan; or in any way interfere
with the relationship between any such entity and The Wedding Day Body Plan.
agree that you will not make any derogatory statements, either oral or written,
or otherwise disparage The Wedding Day Body Plan, The Wedding Day Body Plan’
products, employees, services, work or employment, and will take all reasonable
steps to prevent others from making derogatory or disparaging statements. You
agree that it would be impossible, impractical, or extremely difficult to fix
the actual damages suffered by reason of a breach of this paragraph, and
accordingly hereby agree that five thousand pounds sterling (£5,000) shall be
presumed to be the amount of damages sustained by reason of each such breach,
without prejudice to The Wedding Day Body Plan’ right to also seek injunctive
or other equitable relief.
than as expressly provided for herein, in no event shall you be deemed by
virtue hereof to have acquired any right or interest by license or otherwise,
in or to the Confidential Information.
agree that all originals and any copies of the Confidential Information remain
the property of The Wedding Day Body Plan.. You shall reproduce all copyright
and other proprietary notices, if any, in the same form that they appear on all
the materials provided by The Wedding Day Body Plan, on all copies of the
Confidential Information made by you. You agree to return all originals and
copies of all Confidential Information in your possession or control to The
Wedding Day Body Plan at The Wedding Day Body Plan’ request.
Prohibited Use. You may only use the Website and Services to become more
healthy, as expressly permitted by The Wedding Day Body Plan. You may not cause
harm to the Website or Services. Specifically, but not by way of limitation,
you may not: (i) interfere with the Website or Services by using viruses or any
other programs or technology designed to disrupt or damage any software or
hardware; (ii) modify, create derivative works from, reverse engineer,
decompile or disassemble any technology used to provide the Website or
Services; (iii) use a robot, spider or other device or process to monitor the activity
on or copy pages from the Website or Services, except in the operation or use
of an internet “search engine,” hit counters or similar technology; (iv)
collect electronic mail addresses or other information from third parties by
using the Website or Services; (v) impersonate another person or entity; (vi)
engage in any activity that interferes with another user’s ability to use or
enjoy the Website or Services; (vii) assist or encourage any third party in
engaging in any activity prohibited by this Membership Agreement; (viii)
co-brand the Website or Services; (ix) frame the Website or Services; or (x)
hyper-link to the Website or Services, without the express prior written
permission of an authorized representative of The Wedding Day Body Plan.
collection, use and disclosure of your personal information in accordance with
Ordering Policies. If you purchase any products or services on or through the
Website or Service, you agree that your use of the product or service is
limited by this Membership Agreement as well.
Password Restricted Areas of the Website. Most areas of the Website are
password restricted to registered users (“Password-Protected Areas”). If you
have registered as an authorized user to gain access to these
Password-Protected Areas, you agree that you are entirely responsible for
maintaining the confidentiality of your password, and agree to notify The
Wedding Day Body Plan if the password is lost, stolen, disclosed to an
unauthorized third party, or otherwise may have been compromised. You agree
that you are entirely responsible for any and all activities that occur under
your account, including any fees that may be incurred under your
password-protected account, whether or not you are the individual who
undertakes such activities. You agree to immediately notify The Wedding Day
Body Plan of any unauthorized use of your account or any other breach of
security in relation to your password or the Website that is known to you.
Policy: You may not use the Website or Services to engage in unethical
marketing activities, including without limitation spamming. The following are
examples of activities that are not permitted, and which may result in an
immediate deactivation of your account or termination of your membership: a)
disguising the origin of any content transmitted to or through the Website or
Services, or using any other means of deceptive addressing; b) relaying email
from a third party’s mail servers without the permission of that third party;
c) transmitting any material that is unlawful or used without adequate
permission from the owner of the material; d) harvesting email addresses in a
manner that is unlawful or in violation of the rights of a third party; e)
sending email that contains inaccurate header information or domain names that
are not valid or do not exist; f) sending email that contains false or
misleading information in the subject line or body of the message; g) sending
email that does not indicate that it is an advertisement, does not include a
functioning opt-out mechanism, or does not include your valid physical mailing
address; or h) sending email that violates applicable law, including without
limitation the CAN-SPAM Act or the applicable laws of the jurisdictions from
which you send email or in which the email is received the acceptable use
policies of The Wedding Day Body Plan’ email service provider.
Reservation of Rights
Monitoring. The Wedding Day Body Plan reserves the right, but does not assume
the obligation, to monitor transactions and communications that occur through
the Website and Service. If The Wedding Day Body Plan determines, in its sole
and absolute discretion, that you or another user has or will breach a term or
condition of this Membership Agreement or that such transaction or
communication is inappropriate, The Wedding Day Body Plan may cancel such
transaction or take any other action to restrict access to or the availability
of any material that may be considered objectionable, without any liability to
you or any third party.
Modification of the Service. The Wedding Day Body Plan may modify the Website
or Services at any time with or without notice to you, and will incur no
liability for doing so.
Wedding Day Body Plan asks that you respect the Website online community. Your
conduct when using the Website and Services should be guided by common sense
and basic etiquette. To further these common goals, you agree not to:
Disparage the products or services of any company or individual.
Impersonate or represent The Wedding Day Body Plan, The Wedding Day Body Plan
staff, or other industry professionals.
to or post content not allowed on the Website.
Solicit a user’s password or other account information.
Harvest user information for any purpose.
racially or ethnically offensive language; discuss or incite illegal activity;
use explicit or obscene language; or solicit or post sexually explicit images.
Harass, threaten, or embarrass anyone.
anything that you do not have the legal right to post; and
Violate any law, or make any untrue or misleading statement;
Submissions. When you submit questions, comments, suggestions, ideas, message
board postings, material submitted via web forms, contest entries,
communications or any other information (“Submissions”), you grant The Wedding
Day Body Plan an unrestricted license to use such Submissions for any purpose,
including without limitation marketing and other promotional purposes and the
right to sublicense. You agree that The Wedding Day Body Plan will have no
obligation to keep any Submissions confidential. You will not bring a claim
against The Wedding Day Body Plan based on “moral rights” or the likes arising
from The Wedding Day Body Plan’ use of a Submission.
Submissions by Others. The Wedding Day Body Plan does not control the content posted
by third parties and does not guarantee the accuracy, integrity, or quality of
such content. You understand that by using the Website or Services, you may be
exposed to content that is offensive, indecent, or objectionable. Under no
circumstances will The Wedding Day Body Plan be liable in any way for any
content, including, but not limited to, for any errors or omissions in any
content, or for any loss or damage of any kind incurred as a result of the use
of any content posted, emailed, transmitted, or otherwise made available via
the Website or Services by third parties.
Representations and Warranties
Representations and Warranties. Each party represents to the other that: (i)
the party has the full power and authority to enter into and perform under this
Membership Agreement, (ii) execution and performance of this Membership
Agreement does not constitute a breach of, or conflict with, any other
agreement or arrangement by which the party is bound, and (iii) the terms of
this Membership Agreement are a legal, valid, and binding obligation of the
party entering into this Membership Agreement, enforceable in accordance with
these terms and conditions.
You. You represent and warrant to The Wedding Day Body Plan that, in your use
of the Website and Services, you: (i) will not infringe the copyright,
trademark, patent, trade secret, right of privacy, right of publicity or other
legal right of any third party; (ii) will comply with all applicable laws,
rules, and regulations; (iii) will not disrupt or damage any software or
hardware; and (iv) you will provide correct, current, and complete billing and
Arbitration and Waiver of Class Claims
UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND
The Wedding Day Body Plan, INCLUDING, WITHOUT LIMITATION, TORT AND CONTRACT
CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE, OR LOCAL STATUTE, LAW, ORDER,
ORDINANCE, OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY
THE FINAL AND BINDING ARBITRATION PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE
AND AGREE THAT ANY SUCH CLAIMS SHALL BE BROUGHT SOLELY IN THE PARTY’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL CAPACITY. THE
PARTIES FURTHER AGREE THAT THE ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE
ANY RIGHT THEY HAVE TO A JURY TRIAL. ANY CONTROVERSY CONCERNING WHETHER A
DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE
COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY A
STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT
IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS
INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE
GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”).
9.2. The following
procedures shall apply:
party that intends to make a claim shall first notify the opposing party in
writing of such intention and shall describe in such notice, with reasonable
particularity, the nature and basis of such claim, and the total amount of the
claim. Within thirty (30) days of receipt of such notice, the party receiving
notice of a claim shall provide a written response which, with reasonable
particularity, sets forth its position concerning the claim. If the parties are
unable to resolve the dispute arising from the claim by good faith negotiations
to be conducted within the thirty (30)-day period following the written
response, either of them may initiate binding arbitration pursuant to the terms
and conditions set forth below.
the event a party elects to proceed with binding arbitration, it shall provide
written notice thereof to the other party by registered or certified mail. The
arbitration shall be conducted in the UK, but may proceed telephonically in the
event the total amount of the claim does not exceed £2,500 pounds sterling (if
the claimant so chooses).
Separate and apart from the agreement to arbitrate set forth above, the parties
hereby independently waive any right to bring or participate in any class
action in any way related to, or arising from, this Membership Agreement.
Disclaimers and Exclusions
DISCLAIMER OF WARRANTIES. The Wedding Day Body Plan PROVIDES THE WEBSITE,
SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Wedding
Day Body Plan DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES, OR
WEBSITE CONTENT, OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE
OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL
OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. The
Wedding Day Body Plan MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN
THIS MEMBERSHIP AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, AND NON-INFRINGEMENT.
EXCLUSION OF DAMAGES. The Wedding Day Body Plan WILL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS
OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE
WEBSITE OR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY. IN NO EVENT WILL The Wedding Day Body Plan’ LIABILITY
IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE LESSER OF (i)
THE AMOUNT PAID TO The Wedding Day Body Plan BY YOU DURING THE SIX MONTHS
IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY, OR (ii) ONE
HUNDRED POUNDS STERLING (£100).
must indemnify and hold The Wedding Day Body Plan and its employees,
representatives, agents, affiliates, directors, officers, managers and
shareholders (the “Parties”) harmless from any damage, loss, or expense
(including without limitation, attorneys’ fees and costs) incurred in
connection with any third-party claim, demand or action (“Claim”) brought
against any of the Parties alleging that you have breached any of provision in
this Membership Agreement through any act or omission. If you have to indemnify
The Wedding Day Body Plan under this section, The Wedding Day Body Plan will
have the right to control the defence, settlement, and resolution of any Claim
at your sole expense. You may not settle or otherwise resolve any Claim without
the express written permission of The Wedding Day Body Plan.
Termination. You agree that, under certain circumstances and without prior
notice, The Wedding Day Body Plan may suspend or terminate your use of the
Website or Services, including without limitation, if The Wedding Day Body Plan
believes, in its sole and absolute discretion, that you have breached a term of
this Membership Agreement. You acknowledge and agree that all suspensions and
terminations shall be made in The Wedding Day Body Plan’ sole discretion and
that The Wedding Day Body Plan shall not be liable to you or any other party
for said suspension or termination.
Survival. Upon termination, your license to use the Website, Services, and
everything accessible by or through the Website or Services shall terminate and
the remaining provisions of this Membership Agreement shall survive
indefinitely unless and until The Wedding Day Body Plan chooses to terminate
Effect of Termination. Upon termination of any part of this Agreement for any
reason, The Wedding Day Body Plan may delete or assume ownership of any Content
or other things—including without limitation URLs, domain names, and email
lists—relating to your use of the Website or Services that is on The Wedding
Day Body Plan’ servers or otherwise in The Wedding Day Body Plan’ possession or
control, and The Wedding Day Body Plan will have no liability to you or any
third party for doing so.
notices required or permitted to be given under this Membership Agreement will
be in writing and delivered to the other party by any of the following methods:
(i) U.K. mail, (ii) overnight courier, or (iii) electronic mail. If you give
notice to The Wedding Day Body Plan, you must use the following address: 9
Mansfield Road, London, E11 2JN. If The Wedding Day Body Plan provides notice
to you, The Wedding Day Body Plan will use the contact information provided by
you. All notices will be deemed received as follows: (i) if by delivery by U.K.
mail, seven (7) business days after dispatch, (ii) if by overnight courier, on
the date receipt is confirmed by such courier service, or (iii) if by
electronic mail, 24 hours after the message was sent, if no “system error” or
other notice of non-delivery is generated. If applicable law requires that a
given communication be “in writing,” you agree that email communication will
satisfy this requirement.
Notification of Claims of Infringement
Wedding Day Body Plan respects the intellectual property of others, and asks
users to do the same. The Wedding Day Body Plan may, in appropriate
circumstances and at its discretion, terminate service to users who infringe
the intellectual property rights of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please contact
The Wedding Day Body Plan’ designated agent to receive notice of claimed
infringement: The Wedding Day Body Plan. Provide the following information
required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; (ii) a description of the copyrighted work
that you claim has been infringed, including the URL (i.e., web page address)
of the location where the copyrighted work exists or a copy of the copyrighted
work; (iii) identification of the URL or other specific location on the Website
where the material that you claim is infringing is located; (iv) your address,
telephone number, and email address; (v) a statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; (vi) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner’s behalf.
Membership Agreement will be binding upon each party hereto and its successors
and permitted assigns, and governed by and construed in accordance with the
laws of the UK without reference to conflict of law principles. This Membership
Agreement will not be assignable or transferable by you without The Wedding Day
Body Plan’ prior written consent. This Membership Agreement (including all of
the policies and other Agreements described in this Membership Agreement, which
are hereby incorporated herein by this reference) contain the entire
understanding of the parties regarding its subject matter, and supersedes all
prior and contemporaneous agreements and understandings between the parties
regarding its subject matter. No failure or delay by a party in exercising any
right, power or privilege under this Membership Agreement will operate as a
waiver thereof, nor will any single or partial exercise of any right, power or
privilege preclude any other or further exercise thereof or the exercise of any
other such right, power, or privilege. Any rights not expressly granted herein
are reserved. You and The Wedding Day Body Plan are independent contractors and
independent businesses, and no agency, partnership, joint venture, or
employee-employer relationship is intended or created by this Membership
Agreement. The invalidity or unenforceability of any provision of this
Membership Agreement will not affect the validity or enforceability of any
other provision of this Membership Agreement, all of which will remain in full
force and effect. If you have questions or concerns regarding this Membership
Agreement, you should contact The Wedding Day Body Plan by emailing firstname.lastname@example.org
and writing “Membership Agreement” in the subject line.
how their ‘Personally identifiable information’ (PII) is being used online.
collect, use, protect or otherwise handle your Personally Identifiable
Information in accordance with our website.
personal information do we collect from the people that visit our blog, website
ordering or registering on our site, as appropriate, you may be asked to enter
your name, email address or other details to help you with your experience.
When do we
information from you when you register on our site, fill out a form or enter
information on our site.
How do we
use your information?
We may use
the information we collect from you when you register, make a purchase, sign up
for our newsletter, respond to a survey or marketing communication, surf the
website, or use certain other site features in the following ways:
personalize user’s experience and to allow us to deliver the type of content
and product offerings in which you are most interested.
improve our website in order to better serve you.
• To allow
us to better service you in responding to your customer service requests.
administer a contest, promotion, survey or other site feature.
quickly process your transactions.
• To send
periodic emails regarding your order or other products and services.
How do we
protect visitor information?
We do not
use vulnerability scanning and/or scanning to PCI standards.
personal information is contained behind secured networks and is only
accessible by a limited number of persons who have special access rights to
such systems, and are required to keep the information confidential. In addition,
all sensitive/credit information you supply is encrypted via Secure Socket
Layer (SSL) technology.
implement a variety of security measures when a user places an order enters,
submits, or accesses their information to maintain the safety of your personal
transactions are processed through a gateway provider and are not stored or
processed on our servers.
Do we use
Cookies are small files that a site or its service provider transfers to your
computer’s hard drive through your Web browser (if you allow) that enables the
site’s or service provider’s systems to recognize your browser and capture and
and process the items in your shopping cart. They are also used to help us
understand your preferences based on previous or current site activity, which
us compile aggregate data about site traffic and site interaction so that we
can offer better site experiences and tools in the future.
remember and process the items in the shopping cart.
Understand and save user’s preferences for future visits.
track of advertisements.
aggregate data about site traffic and site interactions in order to offer
better site experiences and tools in the future. We may also use trusted third
party services that track this information on our behalf.
choose to have your computer warn you each time a cookie is being sent, or you
can choose to turn off all cookies. You do this through your browser (like
Internet Explorer) settings. Each browser is a little different, so look at
your browser’s Help menu to learn the correct way to modify your cookies.
disable cookies in their browser:
disable cookies off, some features will be disabled. It will turn off some of
the features that make your site experience more efficient and some of our
services will not function properly.
you can still place orders
We do not
sell, trade, or otherwise transfer to outside parties your personally
at our discretion, we may include or offer third party products or services on
our website. These third party sites have separate and independent privacy
policies. We therefore have no responsibility or liability for the content and
activities of these linked sites. Nonetheless, we seek to protect the integrity
of our site and welcome any feedback about these sites.
advertising requirements can be summed up by Google’s Advertising Principles.
They are put in place to provide a positive experience for users.
We have not
enabled Google AdSense on our site but we may do so in the future.
Act is a law that
sets the rules for commercial email, establishes requirements for commercial
messages, gives recipients the right to have emails stopped from being sent to
them, and spells out tough penalties for violations.
your email address in order to:
information, respond to inquiries, and/or other requests or questions.
orders and to send information and updates pertaining to orders
• We may
also send you additional information related to your product and/or service.
• Market to
our mailing list or continue to send emails to our clients after the original
transaction has occurred
accordance with CAN-SPAM we agree to the following:
• NOT use
false, or misleading subjects or email addresses
the message as an advertisement in some reasonable way
the physical address of our business or site headquarters
third party email marketing services for compliance, if one is used.
opt-out/unsubscribe requests quickly
users to unsubscribe by using the link at the bottom of each email
If at any
time you would like to unsubscribe from receiving future emails, you can
the instructions at the bottom of each email.