Terms of Service
Your Acceptance of this Legally Binding Agreement
IMPORTANT: BY USING OR ACCESSING Monogram Cake Toppers WEB SITE AND THE INFORMATION, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree with the terms and conditions of this Agreement, do not use or access the Monogram Cake Toppers web site or information, products or services provided therein. This Agreement is between you ("You") and Monogram Cake Toppers and is effective at the date of your first use or access of the Monogram Cake Toppers web site.
You further agree that Monogram Cake Toppers may change, alter, amend or replace all or any part of this Agreement at any time, that such changes, alterations, amendments or replacements shall be effective as of the time of posting. If you do not agree with the changed, altered, amended or replaced Agreement, do not use or access the Monogram Cake Toppers web site or information, material, products or services provided therein. Continued use after the time of posting changes will constitute acceptance of the changed, altered, amended or replaced Agreement.
Ownership of Content and Intellectual Property Protection
You acknowledge and agree that any and all information, material, products and services, including data, databases, graphics, text, files, interfaces, web pages, product names and logos contained on the Monogram Cake Toppers catalog web sites (collectively the "Content"), including the manner in which the Content is presented or appears and all information relating thereto, are the property of Monogram Cake Toppers.
Content on the Monogram Cake Toppers catalog web sites is protected under patent, copyright, trademark, proprietary or other intellectual property laws of Canada, the United States, Australia, South Africa and other applicable jurisdictions, and any unauthorized use of such Content may violate such laws or this Agreement.
Disclaimer of Warranties
All Content is provided "as is" without any warranties of any kind. You understand and agree that the use of the Content is at your sole risk.
We at Monogram Cake Toppers make every effort to guarantee availability and price of all items for the magazine year, however, unforeseen circumstances may warrant modifications at any time. Due to dye lot variations and component availability, minor substitutions may be required. All lengths and sizes noted are approximate and may vary slightly. Colors vary slightly due to the manufacturing process specific to each product. Although it is impossible to achieve an exact color match for every item, small variations in color serve to enhance the overall effect of your color scheme. Products seen on the online catalog do not always represent an identical color match. Color reproduction is limited by various situations beyond our control such as the hue/contrast settings on your monitor. All prices are subject to change without prior notification.
Monogram Cake Toppers MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT WILL BE SATISFACTORY TO YOUR NEEDS, MEET YOUR EXPECTATIONS, OR BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR FREE FROM ERRORS.
Limitation of Liability
Monogram Cake Toppers assumes no responsibility to you or any third party for the consequences of any inaccuracy, error or omission on the web site, regardless of cause.
Monogram Cake Toppers OR ITS EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OF, OR THE INABILITY TO USE, THE Monogram Cake Toppers WEB SITE OR ANY CONTENT PROVIDED THEREIN, OR ARISING OUT OF OR RELATING TO THE USE OF ANY WEB SITE LINKED HERETO, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGE, EVEN IF Monogram Cake Toppers IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR OF A CLAIM BY ANOTHER PARTY.
ALTHOUGH Monogram Cake Toppers TAKES PRECAUTIONS TO PROTECT PERSONAL AND CONFIDENTIAL INFORMATION, THERE IS NO GUARANTEE, AND Monogram Cake Toppers MAKES NO REPRESENTATION OR WARRANTY, THAT PERSONAL AND CONFIDENTIAL INFORMATION TRANSMITTED TO OR FROM OR STORED ON THE Monogram Cake Toppers WEB SITE, OR TRANSMITTED OVER THE INTERNET GENERALLY, WILL BE MAINTAINED CONFIDENTIAL AND SECURE. Monogram Cake Toppers ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF PERSONAL OR CONFIDENTIAL INFORMATION PROVIDED BY YOU TO Monogram Cake Toppers, UNLESS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND Monogram Cake Toppers.
You agree to indemnify, defend, and hold Woodland Manufacturing Incorporated, or their respective employees, harmless against any and all actions, claims, costs, damages, demands, liabilities, proceedings, expenses or loss of any kind (including legal and other fees and disbursements) sustained, incurred or paid by Monogram Cake Toppers arising out of the access to or use of the Monogram Cake Toppers web site or any Content (including Products and services and Third party Content) contained in or on the web site. You further acknowledge that Third Party Content is provided by third parties and that Monogram Cake Toppers cannot control such content.
You acknowledge and agree that you are fully responsible for maintaining the confidentiality of your account information, including your account number, account name, and/or password, if applicable. You acknowledge and agree that you are responsible for damages and repercussions resulting from all uses of your account, whether actually or expressly authorized by you. If you suspect you are being impersonated, contact email@example.com immediately.
Amendments to the Web Site
You agree and acknowledge that Monogram Cake Toppers may modify any or all of the Monogram Cake Toppers web site at any time and that the web site, including without limitation any sites associated thereto, may periodically be unavailable to you in order to allow for maintenance and updates.
You agree that you will not attempt to enter restricted areas of Monogram Cake Toppers's computer system or perform functions that you are not authorized to perform pursuant to this Agreement. Monogram Cake Toppers may, without notice, temporarily or permanently suspend your access to the web site and the Content by deactivating your account or password if Monogram Cake Toppers reasonably suspects that you are using the account or password to obtain unauthorized access to Monogram Cake Toppers's other systems or information, or are using the account or password in any other inappropriate manner. These suspensions will be for a period of time necessary to permit the thorough investigation of such suspended activity. Monogram Cake Toppers may terminate this Agreement immediately without notice if it is determined that you have undertaken such unauthorized activity or if such unusual activity cannot be reasonably explained.
If you are not completely satisfied, you must contact us within 5 days for a refund*. NO RETURNS WILL BE ACCEPTED WITHOUT PRIOR APPROVAL. Credit for the return will apply only to the purchase price of the product. Shipping and processing charges will not be refunded.
*No returns on opened products, food/candy items or colored decorations such as streamers, candles, etc. *Items personalized as per order cannot be returned.
Termination of this Agreement
This Agreement is effective until terminated by Monogram Cake Toppers, in its sole and absolute discretion. Monogram Cake Toppers may terminate this Agreement without notice to you and will do so if you use or attempt to use the web site or the Content therein in any manner contrary to the terms of this Agreement.
The Ownership of Content and Intellectual Property Protection, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Termination provisions of this Agreement shall survive the termination or expiry of this Agreement.