Questionnaire Terms and Conditions
THE FOLLOWING LEGAL AGREEMENT GOVERNS YOUR PURCHASE OF THE DESIGN SERVICES THAT THE WHITE BOX (“TWB”) WILL PROVIDE TO YOU (THE “SERVICES”). Your purchase of the Services is subject to the terms and conditions set forth below (the “Terms”).
You may not purchase the Services if you do not accept the Terms. To confirm your agreement to such Terms, and be legally bound, you must click to “agree” to the Terms (where either such option is made available to you in the user interface for the Services). You agree that when you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. You agree to be bound by any affirmation, assent or agreement you transmit through the Services you access by computer or other electronic device, including but not limited to any consent you give to receive communications from TWB solely through electronic transmission.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
ADDITIONALLY, AFTER YOU “AGREE” TO THIS AGREEMENT ONLINE, YOU WILL BE REQUIRED TO PRINT OUT A COPY OF THIS AGREEMENT, SIGN IT AND RETURN IT TO US VIA FAX OR EMAIL (AT email@example.com).
You agree that you will pay for all products you purchase through the Services, and that we may charge your credit card, PayPal account or bank account for any Services purchased and for any additional amounts (including any taxes) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID CREDIT CARD, PAYPAL OR BANK ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, PayPal or bank account you designate during the registration process.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the Services. We will charge sales tax only in states where we believe it necessary or desirable. ALL SALES ARE FINAL, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH BELOW IN SECTION 2 OF THIS AGREEMENT.
You have the right to cancel your purchase of design services for a full refund (less any applicable PayPal, bank or credit card charges or fees). If you wish to cancel your purchase, you must notify us of your decision to cancel at within 48 hours. We will promptly thereafter notify you of your cancellation number.
YOUR REQUIRED SUBMISSIONS
You agree that within thirty (30) days after you “accept” or “consent” to this Agreement, you will submit to us the following (collectively, the “Required Submissions”):
1) A manually signed copy of this Agreement (after you “agree” below, you will be prompted to print, sign & return a copy of this Agreement);
2) The WB Questionnaire (which we will provide to you after you “accept” this Agreement) so we can better understand your tastes and style;
3) Pictures, samples, or any other material you would like us to consider in providing Services;
OUR DESIGN SERVICES FOR YOU
If you submit all of the Required Submissions, we will thereafter perform the following Services for you:
1) We will review your Required Submissions and formulate a design direction.
2) Within 3 weeks after receipt of all of the Required Submissions, we will mail to your “White Box”. Your personalized White Box will contain our designs and suggestions for your wedding, contact information for third party vendors and other materials necessary for you to plan your big day.
3) If you so desire, you may contact us for additional help or suggestions on the design for your wedding.
4) You may receive a discount on the purchase price charged by third party vendors of goods or services we recommend. We may also receive a referral fee from vendors. In order to receive a discount, you may need to provide proof of your purchase of the White Box to vendors upon request. This may be done through coupons, codes or by presenting the receipt provided by us with your order. Discounts from third party vendors may expire, so be sure to use your White Box as soon as possible.
NO GUARANTEE OF SATISFACTION
THERE IS NO GUARANTEE OF SATISFACTION. THE DESIGN MAY OR MAY NOT BE TO YOUR LIKING. THE DESIGN IS INTENDED TO PROVIDE CONCEPTUAL DESIGN ASSISTANCE FOR YOUR WEDDING. IN THE EVENT YOU ARE DISSATISFIED, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS A REFUND OF YOUR PURCHASE PRICE.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO THEIR ACCURACY. THERE IS NO ASSURANCE OR GUARANTEE OF SATISFACTION WITH THE SERVICES.
THE SERVICES, OUR WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (AND SITES OF THIRD PARTY PROVIDERS) ARE PROVIDED BY TWB ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TWB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TWB DOES NOT WARRANT THAT THE SERVICES OR THE SITE (OR THOSE OF THIRD PARTY PROVIDERS), INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE (OR THOSE OF THIRD PARTY PROVIDERS), THEIR VARIOUS SERVERS OR E-MAIL SENT FROM WB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TWB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (INCLUDING THIRD PARTY PROVIDERS), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM A MERCHANT’S UNWILLINGNESS TO GIVE A WB CUSTOMER A DISCOUNT ON THE PURCHASE OF GOODS FROM SUCH MERCHANT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITING THE FOREGOING, TWB DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; OR (B) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES (INCLUDING ON OR THROUGH WEBSITES OPERATED BY ANY THIRD PARTY PROVIDERS) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ARISING FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
SUBJECT TO SECTION 6 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TWB, ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
1) ANY RELIANCE PLACED BY YOU ON THE DESIGN, OR THE COMPLETENESS OR ACCURACY OF THE SERVICES AND/OR THE COMPLETENESS OR ACCURACY OF ANY INFORMATION PROVIDED BY ANY THIRD PARTY PROVIDERS OF GOOD OR SERVICES, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SUCH THIRD PARTY PROVIDERS;
2) ANY CHANGES WHICH TWB MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
3) YOUR PURCHASE OF ANY GOODS OR SERVICES FROM THIRD PARTY PROVIDERS; OR
4) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
THE LIMITATIONS ON TWB’S LIABILITY TO YOU IN THIS SECTION 7 SHALL APPLY WHETHER OR NOT WB HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED.
RELEASE AND INDEMNITY
IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY PROVIDER, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU WILL INDEMNIFY AND HOLD US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THE TERMS OR THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW, RULE OR REGULATION. WB RETAINS THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM SUBJECT TO INDEMNIFICATION, AND IN SUCH CASES YOU AGREE TO COOPERATE WITH US TO DEFEND SUCH CLAIM. YOU MAY NOT SETTLE ANY CLAIM COVERED BY THIS SECTION 8 WITHOUT WB’S PRIOR WRITTEN APPROVAL.
Any references to “TWB,” "WB" “us,” “our” or “we” means The White Box whose principal place of business is at Greenville, SC, United States.
The Terms shall be construed (both as to validity and performance) and enforced in accordance with the substantive laws of the State of South Carolina applicable to agreements made and to be performed wholly within such jurisdiction, notwithstanding any choice of law principles, statutes or rules to the contrary. You and TWB agree to submit to the exclusive jurisdiction of the state and federal courts located within Greenville County, South Carolina to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TWB shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The Terms constitute the entire legal agreement between you and TWB and govern your use of the Services, and completely replace any prior agreements between you and TWB in relation to the Services. You agree that TWB may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if TWB does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TWB has the benefit of under any applicable law), this will not be taken to be a waiver of TWB’s rights and that those rights or remedies will still be available to TWB. You acknowledge and agree that any other entities controlled by TWB or under common control with TWB shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, except as expressly provided in the Terms, no other person or company shall be third party beneficiaries to the Terms.
Any rule of law or any legal decision that would require interpretation of any ambiguities in the Terms or this agreement against the party that drafted it, is of no application and is hereby expressly waived. The Terms and this agreement shall be severable in the event that any of the provisions hereof are held to be invalid, void or otherwise unenforceable, and the remaining provisions shall remain enforceable to the fullest extent permitted by law.
CLICK "I AGREE" IN THE QUESTIONNAIRE FOR YOUR SIGNATURE
As noted in the INTRODUCTION above, by clicking "I agree" you (1) acknowledge that you have read and understood this Agreement's terms and conditions and (2) will be signing this Agreement with a legally binding electronic signature, which agreement will be legally binding and enforceable (and the legal equivalent of your handwritten signature).
PRINT, SIGN AND RETURN THIS AGREEMENT TO US
After you click “I agree” below and are bound by this Agreement, remember to print it out and sign in the space below, and print your name below your signature. (It will be deemed to be dated the same date as that on which you click “I agree.”) Then either fax this agreement, scan it and email it to us at firstname.lastname@example.orgWe look forward to working with you!