[May 21, 2019]
Inspire Your LLC (“Inspire Your,” “we” or “us”) is proud to present you with our website, www.inspire-your.com (the “Site”), and our unique line of event and wedding planning products (the “Products”). This page outlines the Terms of Service under which we provide you with the Site and the Products.
Please note that these Terms of Service are subject to change. We, in our sole discretion, may revise the Terms of Service at any time by updating this page. We will provide you with of such changes by highlighting the change on our homepage at www.inspire-your.com for 7 days before implementing the changes, and by emailing you at the email address which corresponds to your Account (if you have created an Account). You should visit this page periodically to review the Terms of Service, as it is binding upon you.
In addition, please also be advised that these Terms of Service contain provisions that govern how disputes between you and Inspire Your are resolved, including arbitration, a jury trial waiver and a class action waiver.
- THE PRODUCTS & SITE
Our unique line of event and wedding planning organizational product tools are designed to help your special occasion be a success. Our Site is set up to help you purchase the Products and communicate with us as easily as possible. We may add additional products or corresponding services in the future, so stay tuned!
- YOUR RESPONSIBILITIES
1. Use the Site and Products Responsibly. You agree that you are responsible for your conduct while using the Site and/or Products. You shall use the Products in a responsible and reasonable manner, and you acknowledge and agree that we are not responsible for the results of any action or inaction that occurs if you use the Products.
2. Maintain the security of your account, password and devices. You are also responsible for your username, passwords, and the security of your Inspire Your account (“Account”). You may never use another’s username and password. You may not allow others to access or use your Account with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your Account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your Account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).
3. Provide Us with True & Accurate Information. You are responsible for providing us with your valid email address, full legal name, accurate address, and any other information we request. If any of your information changes, you must immediately provide us with the current information. Information in your Account can be changed or updated by going to your Account settings section on My Account. All users can also contact us with questions on how to update or change their information by email at email@example.com, or by telephone at 217-800-1005. You understand and agree that you are responsible for all information, data and content that you enter into your Account and/or provide to us, and all activity that occurs while you are using the Site and Products.
- REQUIREMENTS FOR USE OF THE PRODUCTS & SITE
1. Use the Products and Site only for acceptable uses and not for any illegal or prohibited purpose. As one of the conditions of your use of the Products and Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Products or the Site for anything other than the Intended Purpose, which is defined below in Section 3.7. You shall NOT use the Site or the Products in any manner that is prohibited by these Terms of Service or which is illegal or prohibited by applicable law.
2. Comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information.
3. Be over the age of 18 and capable of giving legal consent. You must be at least the age of 18 to sign up for an Account or purchase the Products. Any creation of an Account by someone under the age of 18 is strictly prohibited and is a violation of these Terms of Service. By creating an Account and purchasing the Products, you represent and warrant that you are over the age of 18 and you have the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service.
4. Not be previously prohibited from using the Site or Products. The Site and Products may not be used by anyone we previously prohibited from using the Site or Products.
5. Be a human. Accounts registered by “bots” or other automated methods are not permitted.
6. Don’t resell the Products. We provide the Products only to end-users. As such, you acknowledge and agree you are using the Products only for your own personal, non-commercial use. You may not purchase the Products for further distribution or resale or for any other commercial or business purpose. The Products, and all rights and privileges conferred therein, are personal and non-transferable.
7. Use the Products and Site only for their Intended Purposes. The Products and Site are designed to help you plan and organize events, communicate with us, and purchase Products (the “Intended Purpose”). You agree that you will only use the Site and Products for the Intended Purpose. YOU SPECIFICALLY AGREE THAT YOU WILL NOT:
- Use the Site and Products if you are under the age of 18.
- Use the Site to upload, post, email, otherwise transmit, or post links to any content, or select any username or email address, that is misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Use the Site to upload, post, email, otherwise transmit, or post links to any content or information that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Use the Site to upload, post, email, otherwise transmit, or post links to any content or information that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age without parental consent.
- Use the Site to “stalk” or otherwise harass another.
- Use the Site to collect or store personally identifying information about others without their permission.
- Use the Site to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
- When signing up for an Account, use misleading email address or enter false and/or misleading information.
- Use the Site to upload, post, email, otherwise transmit, or post links to any content or information that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use the Site to upload, post, email, or otherwise transmit, or post links to any content or information that facilitates hacking.
- Use the Site to upload, post, email, otherwise transmit, or post links to any content or information that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement.
- Use the Site to upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Use the Site to upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any of our databases, unless said means is by an API that we have specifically approved of.
- Conduct your own contests and promotions using the Products or Site, or use the Site to upload, post, email, otherwise transmit, or post links to any information regarding any raffle, contest or game requiring a fee by participants without our explicit written consent.
- Incorporate information or content from our Site into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-based or otherwise.
- Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
- Interfere with or disrupt the Site or servers or networks connected to the Site.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Sites.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.
- Use any of our Products to cause harm to anyone.
- Use our social media accounts or social media hashtags/handles (including but not limited to our Inspire Your Instagram account, @letyouinspireyou and #iycollections #yourinbetweens #iyknowledge #iyvision #youramanda #yourlifedesigns to harass, stalk, bully or exploit others, or in a manner that otherwise violates these Terms of Service.
4. MONITORING & SECURITY
2. While we take the security of your Account and the Site very seriously, we cannot ensure or guarantee their security. Any such use shall be at your sole risk, and you shall relieve us and our affiliates of all liability in connection therewith
5. PRICING, THE ORDER PROCESS, & SHIPPING.
1. Pricing. In order for you to obtain any of our amazing products (or all of them!), you can either create an Account for quick access to your order, or checkout as a guest. Current prices and a description of the corresponding Products can be found on the Site, under the event shop and wedding shop tabs.
We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes“). Promo Codes may only be used once per person. Only Promo Codes sent to you through our official communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use. From time to time, we may offer special promotions (such as free premiums with purchase), associated with some of our Products. All promotional offers may be discontinued at any time, without prior notice, at our discretion and are only available while supplies last or for the duration noted.
2. Order Process. Each part of any order that you submit to us constitutes an offer to purchase our Products. Once you place an order for the Products, you will receive an email order confirmation from us. If you do not receive a message from us confirming receipt of your order, please contact our customer service at the email or phone number before re-entering your order. Our email order confirmation does not constitute our acceptance of your order. We will be deemed as accepting your order once the Product(s) you ordered have been shipped.
Although we strive to accept all valid orders, we the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product(s) or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product(s) is/are unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
3. Fee Collection; Information provided by your credit/banking institution. We currently process payments for the Products through Stripe. You agree to pay all fees or charges for the Products you have ordered. You are also responsible for paying any sales and use taxes that may apply to your purchase of the Products. All payments shall be made in advance prior to shipping the Products. We will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your order for this reason. You must provide us with valid payment information in connection with your orders.
By providing us with your payment information, you also agree that (i) we are authorized to immediately charge you for all monies due and payable to us hereunder, (ii) we are authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorizations. You agree to immediately notify us of any change in your payment information. We reserve the right at any time to change its prices and billing methods, and will update these Terms of Service accordingly. If payment cannot be charged to your payment card or your payment is returned for any reason, we reserve the right to cancel your order, suspend or terminate your access to the Site and (if applicable) your Account, and refuse to allow you to order Products in the future.
4. We will make our best effort to pack and ship your Products within 48-72 hours of placing your order with payment confirmation. Our warehouse is open Monday – Saturday only, and is closed all Sundays and National Holidays. Orders placed after 1:00pm will be shipped the next business day. We will ship back-ordered item(s) when available. You will incur no additional shipping charges for the separate shipment of backorder items.
At this time, we only offer shipping to an address in the United States via either USPS or FedEx. We strive to be eco-friendly and ship in as few boxes as possible, but in an event that one or more of your Products will require additional processing time, we will ship available Products separately when they become available.
When your order ships, you will receive an email notification from us with a tracking number for your shipment. It can take up to 48 hours for the tracking information to update once you have received the automated tracking email. If there is no status or change on the tracking after 48 hours, please contact us via email at firstname.lastname@example.org and we will give you an update or determine the status of your order.
We offer the following shipping options at checkout. Please note, these shipping company’s services sometimes require a signature upon delivery, and we cannot ship custom orders to a P.O. Box.
|USPS Priority Mail Express 1-2 Days||Guaranteed 1-Day or 2-Day expedited service by 3PM.|
|USPS First & Priority Class Mail 1-3 Days||An estimated service of 1 day, 2 days, or 3 days based on where package is shipped from and being sent to.|
|USPS Parcel Select Ground 2-8 Days||Shipments can weigh up to 70lbs. and delivery ranges from
|FedEx 2 day||Delivery in 2 business days by 4:30PM to most addresses and by 7PM to residences Monday-Friday.|
If you would like to inquire about additional shipping methods not listed in these terms, please contact our us at email@example.com.
We do not guarantee that the Products will not be damaged en route. The risk of loss and title for the Products passes to you upon delivery of the item to the carrier (either USPS or FedEx).
5. Common issues with Shipping and Delivery. We have compiled a few of the most common issues with Shipping and Delivery here. If you have further questions, please do not hesitate to contact us for more information.
I need to change or cancel my order.
We cannot make changes to your order or cancel your order after 24 hours once your ordered has been received with payment confirmed. However, we may be able to add items to your order once it has been received at our warehouse and before your Products have been shipped. If you wish to cancel or change your order and are within the 24 hour window, please contact us immediately. Our team is only available Monday – Friday 10AM – 5PM CST at firstname.lastname@example.org. If you contact us to cancel your order in an email, please, in your email subject line, write: Urgent- My Order No. [insert your order number here].
I accidently shipped to the wrong address.
If you accidently put the wrong shipping address on your order, then:
- If you placed your order within the last two hours, we are usually able to make changes before your item is shipped. To make the change, you can email us at email@example.com or call us at 217-800-1005.
- Once your Products have been assigned a tracking number, we have no way of changing the address and we are unable to contact the shipping company on your behalf for security and privacy reasons. In this case, we recommend that you contact the shipping company (i.e. USPS or FedEx) to locate your order to attempt an address change.
I don’t have my order, and the tracking information says it has been delivered.
If your order has been delivered according to tracking, but was not received, please note that we are not liable or responsible for your Products’ whereabouts. We recommend you contact the shipping company (i.e. USPS and FedEx) to locate your shipment. Please note to allow 24 hours from the time the package is marked as delivered for final delivery to occur. If you have further questions, please email us at firstname.lastname@example.org
ORDER CANCELLATION, REFUNDS/EXCHANGES AND ACCOUNT TERMINATION/CANCELLATION
1. Order Cancellation. We cannot cancel your order after 24 hours.
If you wish to cancel your order and are within the 24 hour window, please contact us immediately. If you contact us to cancel your order in an email, please, in your email subject line, write: Urgent- My Order No. [insert your order number here]. Please note our team is only available Monday – Friday 10AM – 5PM CST at email@example.com.
If any Product is discontinued or otherwise becomes unavailable, we reserve the right to cancel your order and provide you a refund for the amount paid for the Product.
2. Returns and Exchanges. Only unused Products that were not marked “on sale” are available for return or exchange within 15 business days of your receipt of the Product(s). Please note: the seal on the product cannot be broken. If the seal is broken, the product cannot be returned or exchanged. It can take up to 15 business days for us to process your return(s) and exchange(s). If you have further questions, please email us at firstname.lastname@example.org.
Sale items are final sale and are not eligible for return or exchange.
Shipping fees and sales tax incurred are non-refundable.
To process your return or exchange your order in an email, please, in your email subject line, write: Accounts & Billing- My Order No. [insert your order number here]. Our customer care team will email you back our Exchange & Shipping Slip to fill out, then carefully package the item(s), place in original box, affix the pre-paid shipping label to the box and drop off at the shipping store (i.e. USPS and FedEx). Please note our Customer Care Team is only available Monday – Friday 10AM – 5PM CST at email@example.com.
3. AccountYou may cancel your Account at any time by logging into your Account and clicking on the “delete my account” button. Please note that if you cancel your Account, you may not have access to any information within your Account, and certain features of the Site may be unavailable to you. We are not responsible for any losses you have in the event you cancel your Account.
4. We may also terminate or suspend your Account. We, in our sole discretion, have the right to suspend or terminate your Account and refuse to provide you with certain access to the Site or the Products for any reason at any time, including a violation of these Terms of Service. After termination, you will no longer have access to your Account, and you many not have access to any data within specific areas of the Site. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.
- INTELLECTUAL PROPERTY RIGHTS, CONTENT OWNERSHIP & SOCIAL MEDIA
1. Our Intellectual Property. The Site and Products, including but not limited to our trademarks, our text, graphics, images, logos, buttons, icons, materials, function, and the overall “look” and “feel” of our Products and the Site, are owned by Inspire Your LLC or our partners or licensors, and are protected patents, copyrights, trademarks, trade secrets and service marks (collectively, the “IY IP”). The IY IP is protected by U.S. and international law, and thus unauthorized use of the Site, Products and IY IP may violate copyright, trademark and other laws. You may not reproduce, distribute, modify, display, sell, or publicly perform the IY IP, or prepare derivative works based on the IY IP, unless you obtain our explicit written consent. We grant you a limited license to use the IY IP solely for your own personal non-commercial purposes to access and use the Site and Products in compliance with these Terms of Service.
2. Linking to the Site & Our Social Media. You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The Site may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on the Site; (ii) send emails or other communications with certain content, or links to certain content, on the Site; (iii) cause portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these linking features solely as they are provided by us and solely in accordance with these Terms and Conditions. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) cause our Site or any portion of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; and (iii) The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards and requirements set forth in Section 3 of these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any social media features and any links at any time without notice in our discretion.
3. Other’s Content. All other trademarks not owned by us, our partners or our licensors that appear on the Site is the property of their respective owners. You shall not use any information or content that is on the Site that is not yours without the appropriate permissions.
4. Licenses & Content That You Post. You expressly grant us, and you represent and warrant that you have all rights necessary to grant to us, a worldwide, non-exclusive, sub-licensable, transferable, perpetual and irrevocable license to use the information you provide to us so that we may provide the Site and the Products to you. You also acknowledge and agree that responsibility for what is posted in public areas of the Site lies with each user of the Site – you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other User postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so.
5. Third Parties’ Intellectual Property. We use several third-parties to make certain features of the Site and our Products available to you, including but not limited to MailChimp Marketing Platform, ShipStation Shipping Software, Stripe Online Payment Processing System and Zendesk Customer Service Software. You acknowledge and agree that, with respect to any such third party features, content and/or license, you shall be bound by any and all such limitations in place by said third party (via license or other agreement), and shall be subject to any restrictions or terms associated therewith. You acknowledge and agree that you shall receive, with respect to such third party licenses, only such warranties and protections as we receive directly from the applicable third party licensor and that we are able to pass on to you.
You agree to defend, indemnify and hold harmless Inspire Your LLC and its employees, officers and directors from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: your breach of these Terms of Service, your breach of representations and warranties made in these Terms of Service, your violation of any other person’s intellectual property, your conduct (including but not limited to violations of the law), and your use of the Products and Site.
- DISCLAIMERS AND LIMITATIONS ON LIABILITY
- Limitations of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, AND LOSS OF GOODWILL) RESULTING FROM THE USE, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR THE CONTENT WITHIN THE SITE, THE PRODUCTS, OR THE FAILURE OR MALFUNCTION OF THE SITE AND/OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE PRODUCTS; OR (B) THE SUM OF ONE HUNDRED DOLLARS (US $100).
1. By entering into these Terms of Service you acknowledge and agree that we are simply providing the Site and Products, and that we make no warranties of any kind relating to the Site and Products, any data or content contained within or related to the Site or Products, any data or content available through the Site or Products, and documents or information available through the Site or Products. Furthermore, nothing on or within Site or Products shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise.
WE DO NOT WARRANT THAT OUR PRODUCTS, SITE, OR THE CONTENT AVAILABLE ON OR THROUGH THE SITE OR WITHIN THE PRODUCTS WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF OUR SITE AND/OR PRODUCTS RESULTS IN THE NEED FOR SERVICING OR REPLACING ITEMS, EQUIPMENT OR DATA, OR THE PAYMENT OF EXTRA FEES OR FINES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS. WE FURTHER DO NOT WARRANT THAT THE PRODUCTS OR SITE WILL RESULT IN A BETTER EVENT, A POSITIVE EXPERIENCE, OR ORGANIZATIONAL/EVENT PLANNING SKILLS. WE SPECIFICALLY DO NOT WARRANT THAT YOUR EVENT WILL GO SMOOTHLY, BE ERROR FREE, AND WILL BE A POSITIVE EXPERIENCE FOR YOU OR OTHERS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE PRODUCTS, THE SITE, AND THE INTERNET IN GENERAL. THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. INSPIRE YOUR LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO BE CLEAR, INSPIRE YOUR LLC UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCTS EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, AND INSPIRE YOUR LLC ASSUMES NO RESPONSIBILITY THAT THE PRODUCTS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THESE PRODUCTS, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OF SERVICE.
THIS LIMITATION OF WARRANTIES IS A PART OF THE BARGAIN BETWEEN YOU AND US. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INSPIRE YOUR LLC OR ANY PERSON ON BEHALF OF INSPIRE YOUR LLC SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT OUR WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
2. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Site or Products must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
3. Third Party Links. The Site may contain links to third-party services such as third party websites, applications, or ads (“Third-Party Links“). When you click on such a link, we will not warn you that you have left the Site. We do not control and are not responsible for Third-Party Links. We provide these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Links is at your own risk.
4. No warranty on vendors or venues. We make no representation or warranty that the venues or vendors that appear on or within the Site and Products are appropriate, will function as you intend, or will otherwise improve or have a positive impact on your event. We are not an event product or service provider, wedding vendor or an agent representative. We, the Site and the Products function solely as a neutral venue where users may connect with us and purchase the Products. As a result, we have no control over the existence, quality, accuracy, safety, or legality of the vendors or venues mentioned on the Site or in the Products, or their ability to provide items or perform services. We make no representations or warranties and are not liable or responsible for the actions or inactions of these vendors or venues.
5. Access outside the USA. We make no claims that the Site and Products are appropriate or legal to be viewed by certain persons or in certain countries. The Site and Products are intended for those in the United States, and shall not be used by those outside the United States. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
6. EMAIL NOTIFICATIONS & COMMUNICATIONS WITH US REGARDING IMPROVEMENTS
Email Notifications. You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Products and Site, including any notices required by law, in lieu of communication by postal mail. Therefore, you shall make sure the email address you provide to us is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us at the address provided below and let us know you would like to receive legal notices from us by mail. If you do not want to receive non-legal notices by email, please opt out by contacting us at firstname.lastname@example.org and in the subject line, write “Opt-out of non-legal notices.” Or, you can click on the “unsubscribe” link in your email.
Your Communications with us regarding improvements to the Products and/or Site. You may contact us by email, phone or mail at the address provided below. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them — but any submission will be subject to these Terms of Service. Specifically, UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
7. ARBITRATION, JURY TRIAL & CLASS ACTIONS
Please read this Section carefully. It is part of your agreement with Inspire Your LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION.
You agree that any dispute related to these Terms of Service, your use of the Site or Products, or any dispute related to your relationship with Inspire Your LLC or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the Judicial Arbitration and Mediation Services (JAMS), located in San Diego, California. The JAMS Rules of Arbitration shall govern all aspects of the arbitration you bring, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement. The JAMS Rules of Arbitration are available on JAMS’ website, https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitration shall be conducted by a single arbitrator, with the prevailing party to pay all costs and attorney fees. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
8. Jury Trial Waiver. Please read this Section carefully. It is part of your agreement with Inspire Your LLC and affects your rights. It contains a WAIVER OF YOUR RIGHT TO A JURY TRIAL.
You hereby waive your constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes shall be resolved by arbitration per Section 11.1 of these Terms of Service. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Inspire Your LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
9. Waiver of Class or Consolidated Actions.Please read this Section carefully. It is part of your agreement with Inspire Your LLC and affects your rights. It contains a WAIVER OF YOUR CLASS ACTION RIGHTS.
ALL CLAIMS AND DISPUTES BETWEEN YOU AND INSPIRE YOUR LLC MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
10. 30-Day Right to Opt Out. You have the right to opt out of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions (Sections 11.1 – 11.3 of these Terms of Service) by sending written notice of your decision to opt out to the following address: 415 N Dunlap Ave, PO Box #743, Savoy, IL, 61874, within 30 days from the date you first create an Account or purchase a Product, whichever comes first. If you send this notice, then the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions will not apply you must bring claims per Section 12.3, below. If you do not send this notice, then you agree to be bound by the terms of the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions in Sections 11.1 – 11.3 of these Terms of Service. Agreeing to arbitration and waiving your rights to jury trial and class action participation is an important decision for you to make. It can shorten the litigation process and result in cost savings, but it also takes away certain rights, such as the right to a trial in front of your peers. Thus, please take time to carefully consider the Arbitration, Jury Trial Waiver and Class Action Waiver Provisions of these Terms of Service. Since the information provided in these Terms of Service is not intended to contain a complete explanation of the consequences of arbitration, class action or jury waiver, you may want to consult an attorney.
11. MISCELLANEOUS PROVISIONS
No waiver and partial validity. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term.
Equitable relief. You understand and agree that due to the nature of these Terms of Service, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Service by you.
Governing Law and jurisdiction. These Terms of Service are governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Service shall be exclusively brought by arbitration in San Diego, California.
Entire agreement. These terms constitute Inspire Your LLC’s entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding our Site and Products. The Terms of Service also supersede any prior agreements between you and Inspire Your LLC (including, but not limited to, any prior versions of the Terms of Service).
Digital admissibility. You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
QUESTIONS & OUR CONTACT INFORMATION
Any questions or concerns should be addressed to our customer care team at:
Address: 415 N Dunlap Ave, PO Box #743, Savoy, IL, 61874
Telephone number: 217-800-1005