Introduction

Welcome to weddingsbymaria.com (hereinafter “weddingsbymaria.com”, “the Site” or “this Site”). Weddings by Maria is a tradename of Walsh Phillips, Inc., a North Dakota corporation, and this Site is owned and operated by Walsh Phillips, Inc. Weddings by Maria and Walsh Phillips, Inc. will hereinafter be referred to collectively as Weddings by Maria. Please review the following basic rules that govern your use of this Site (hereinafter “the Agreement” or “this Agreement”). Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use. Weddings by Maria reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Weddings by Maria does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Weddings by Maria or its suppliers or affiliates and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Objectionable Material. You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Weddings by Maria and its suppliers and affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Site Security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Weddings by Maria will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Weddings by Maria on this Site and other than generally available third party web browsers.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit verification and fraud avoidance procedures. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge or mail to you a check in the amount of the charge, the method of payment at the sole discretion of Weddings By Maria.

Pricing Information

While Weddings by Maria strives to provide accurate product and pricing information, pricing or typographical errors may occur. Weddings by Maria cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Weddings by Maria shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Weddings by Maria may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Quantity Limits & Dealer Sales

Weddings by Maria reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same Weddings by Maria account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Weddings by Maria also reserves the right, at our sole discretion, to prohibit sales to dealers.

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Weddings by Maria, its suppliers, its affiliates or by third parties who have licensed their materials to Weddings by Maria and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Weddings by Maria and is also protected by U.S. and international copyright laws.

Weddings by Maria and its suppliers, affiliates, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Weddings by Maria’s or any third party’s intellectual property rights.

The Weddings by Maria names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Weddings by Maria. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Weddings by Maria’s endorsement, sponsorship or recommendation of the third party, information, product or service. Weddings by Maria is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

User Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Weddings by Maria on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain Weddings by Maria’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Weddings by Maria of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.

Thus, Weddings by Maria will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Weddings by Maria will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Weddings by Maria is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

Weddings by Maria reserves the right but not the obligation to monitor and edit or remove any Comments submitted to the Site. You grant Weddings by Maria the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Weddings by Maria and its suppliers and affiliates for all claims resulting from any Comments you submit. Weddings by Maria and its suppliers and affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Colors

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Indemnification

You agree to defend, indemnify and hold harmless Weddings by Maria and its suppliers and affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Termination

These Terms of Use are effective unless and until terminated by either you or Weddings by Maria. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Weddings by Maria also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Weddings by Maria’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Weddings by Maria, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Weddings by Maria’s right to any Comments shall survive any termination of this Agreement.

Disclaimer

THIS SITE IS PROVIDED BY WEDDINGS BY MARIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEDDINGS BY MARIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEDDINGS BY MARIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WEDDINGS BY MARIA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEDDINGS BY MARIA WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WEDDINGS BY MARIA OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEDDINGS BY MARIA WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WEDDINGS BY MARIA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Weddings by Maria to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Weddings by Maria’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under North Dakota law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of North Dakota and you consent to the exclusive personal jurisdiction of such courts.

Introduction

Welcome to weddingsbymaria.com (hereinafter “weddingsbymaria.com”, “the Site” or “this Site”). Weddings by Maria is a tradename of Walsh Phillips, Inc., a North Dakota corporation, and this Site is owned and operated by Walsh Phillips, Inc. Weddings by Maria and Walsh Phillips, Inc. will hereinafter be referred to collectively as Weddings by Maria. Please review the following Weddings by Maria privacy policy designed for your safety and protection.

How We Protect Your Privacy

The security of your personal information is very important to us. We never sell or rent your personal information to any third parties under any circumstances. We value your trust very highly, and will work to protect the security and privacy of any personal information you provide to us and will only use it as we have described in our Privacy Policy.

What Personal Information We Collect

As set forth in more detail below, Weddings by Maria collects personal information that you provide when using this Site. This information includes your first and last name, email address and a password when you create your weddingsbymaria.com account. We may ask you to confirm your personal information if you contact us by phone, e-mail, online or by any other means. This will allow us to protect your confidentiality by verifying your identity.

When you make a purchase from weddingsbymaria.com, we collect your name and payment method information, such as credit card information. We collect this information in order to bill you for your purchase. We also collect information that allows us to ship your order. This includes the name, address, and phone number of the intended recipient(s).

Contacting Weddings by Maria

If you wish to contact us for any reason, you may initiate contact through e-mail. The current e-mail addresses can be located on the contact us page of this Site. You may also choose to use the contact form located on the same page of the Site.

Other Times We May Collect Personal Information

From time to time, Weddings by Maria may conduct surveys, contests, and sweepstakes via this Site, e-mail, other media, or through Weddings by Maria affiliates. If you participate, we may collect your name, email address, mailing address and other personal information. We will never sell or rent such information to any third parties.

How We Use Your Personal Information

Information we collect on weddingsbymaria.com may be used to enhance your shopping experience in the following ways:

· Deliver merchandise and services that you purchase online
· Register you as a member of weddingsbymaria.com
· Prevent fraud and bill you for your purchases
· Confirm your orders
· Respond to your customer-service inquiries or requests
· Communicate great values and featured items to you
· Find and stock the products you want
· Customize your shopping experience
· Comply with valid legal procedures, requirements, regulations, or statutes

When and With Whom We Share Your Personal Information

We never sell or rent your personal information to any third parties under any circumstances. We will share personal customer information and/or purchase history only with our agents, representatives, service providers, suppliers, affiliates and contractors for limited purposes, including but not limited to, fulfilling customer orders; offering certain products and services in connection with this Site; communicating to customers; providing customer service; enhancing and improving customers’ shopping experience; administering or facilitating surveys, contests, or sweepstakes; offering targeted marketing communications to users that opted-in to receive such communications; enabling access to our affiliates’ web sites; providing a personalized shopping experience; preventing fraud; and completing payment method processing.

Further, Weddings by Maria has established an affiliate program whereby affiliates who refer you to weddingsbymaria.com receive a percentage of the purchase price of the goods and services you purchase on weddingsbymaria.com. As part of the affiliate program, Weddings by Maria provides affiliates limited information regarding your purchases, including the date of purchase, items purchased and purchase price. Weddings by Maria does not provide its affiliates your name, address, phone number, e-mail address, credit card information, or any other personal or identifying information in the course of its affiliate program. If you enter a promotional code to receive a discount on your purchase, free shipping, etc., you agree that Weddings by Maria is entitled to provide information regarding your purchase to the affiliate that provided you the promotional code.

Aside from the purposes described above, we will never share your personal information with any other third parties unless we have your express permission or under special circumstances, such as when we believe in good faith that the disclosure is required to prevent harm or injury (such as product recalls, fraud, claims or other liability) or to comply with valid legal processes (subpoenas, warrants) or as required by law.

How You Can Control the Use of Your Personal Information

You can modify or delete your personal information anytime. Simply go to “My Account”. Log in with your username and password, then click “View or change my account information”, “View or change entries in my address book”, or “Change my account password” and edit or delete whatever information you wish.

Do not share your weddingsbymaria.com password with anyone. Other than on this Site, Weddings by Maria will never ask you for your password.

How We Protect the Security of Your Personal Information

The security of your personal information is very important to us. In our efforts to protect your online transactions, we use a technology called Secure Sockets Layer (SSL). If your browser is capable of SSL (and most are), your personal information will be automatically encrypted, or encoded, before it is sent over the Internet.

Ultimately, your personal information is protected by the password you created when you created an account at weddingsbymaria.com (or another password you chose after changing a previous password). Please keep this password confidential. No representative of Weddings by Maria will ever ask you for your password. The confidentiality of your password is yours to protect. Simply go to “My Account”. Log in with your username and password, then click “Change my account password” and edit or delete the current password.

Cookies and Other Computer Information

When you visit weddingsbymaria.com, you will be assigned a permanent “cookie” (a small text file) to be stored on your computer’s hard drive. The purpose of this cookie is to identify you when you visit the Site so that we can enhance and customize your online shopping experience.

You can choose to browse on weddingsbymaria.com without cookies. However, without these identifier files you will not be able to complete a purchase or take advantage of certain features of the Site. These features include storing your shopping cart for later use and, in the future, providing a more personalized shopping experience. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

We also collect certain technical information from your computer each time you request a page during a visit to weddingsbymaria.com. This information may include your Internet Protocol (IP) address, your computer’s operating system, browser type and the address of a referring Web site, if any. We collect this information to enhance the quality of your experience during your visit to the Site and will not sell or rent this information to any third parties.

How You Can Decide What Marketing Communications You Receive From Us

Weddings by Maria may from time to time send you e-mail messages or other forms of marketing communications describing new items, featured merchandise and great values. You can choose to stop receiving any marketing emails and other marketing communications from us at any time. Simply go to My Account, sign in, click “Subscribe or unsubscribe from newsletters” and remove the check in the box next to the online email newsletter(s) you would no longer like to receive. Please allow up to 10 days for us to process your request. If you would prefer to stop receiving other forms of marketing communications from us, please follow the directions on the marketing materials from us or contact us directly.

The only e-mail messages you will receive from weddingsbymaria.com when you elect not to receive marketing e-mails will be to confirm any purchases you make on our site, let you know your order has been shipped, respond to your Customer Service inquiries and to answer any other questions you may have about our site. In addition, we may also need to send operational e-mails to inform you of any changes to our Site that might affect your personal information, or to announce product recalls.

More About Your Privacy

We realize that making purchases at weddingsbymaria.com, or any other web site, requires trust on your part. We value your trust very highly, and pledge to you, our customer, that we will work to protect the security and privacy of any personal information you provide to us and that your personal information will only be used as set forth in this Policy. This includes your name, address, phone number, e-mail address, and credit card or checking account information, in addition to any other personal information that can be linked to you, personally.

We believe that you have a right to know, before shopping at weddingsbymaria.com or at any other time, exactly what information we might collect from you, why we collect it and how we use it.

We do not and will not sell or rent your personal information to anyone. You have the right to control your personal information as you see fit.

If you have an account at weddingsbymaria.com and you want to change, modify or delete any of your personal information, you can do so anytime by simply going to “My Account”. Log in with your username and password, then click “View or change my account information”, “View or change entries in my address book”, or “Change my account password” and edit or delete whatever information you wish.

Weddings by Maria may provide links to certain third party web sites. This Privacy Policy applies only to activities conducted and personal information collected on this Site. Other web sites may have their own policies regarding privacy and security.

Weddings by Maria will obtain your consent before allowing the download of any software from weddingsbymaria.com, and Weddings by Maria will not automatically download any software to your computer system. Once you consent to the initial download of any software, you may receive automatic updates or patches pertaining to such software. You understand and agree that any material, including but not limited to downloaded software, required or automated updates, modifications, reinstallations, or software otherwise obtained through the use of weddingsbymaria.com is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that may result from any such material.

E-mail Forgeries

Weddings by Maria is doing its best to protect you from a form of identity theft where e-mails of well-known companies or Web sites are faked or “spoofed.” E-mail forgers may use e-mail communications that look like weddingsbymaria.com emails to collect personal information from you. To help you detect if an email has been forged, look for the following warning signs:

· Weddings by Maria will never ask you to e-mail us personal information, such as your password, bank account or credit card information.

· We will never send you an e-mail that claims we have lost or are updating your records.

· We will never threaten to close your account or cancel an order if you do not provide us with personal information.

If you suspect you have been sent an e-mail that is from a forged e-mail address, please forward the e-mail to us at security@weddingsbymaria.com. Please don’t cut and paste the e-mail, and don’t change the subject line or forward it as an attachment because that makes it harder for us to investigate. If you are ever in doubt about the authenticity of an e-mail, don’t provide personal or sensitive information in an e-mail.

Changes to the Weddingsbymaria.com Privacy Policy

This Privacy Policy was last updated on May 24, 2007. We reserve the right to change, modify or amend this policy at any time. Please check our Privacy Policy periodically for changes. Use of the weddingsbymaria.com web site after modification implies that you consent to this Privacy Policy as modified.