eWish Customer Agreement

The Knot, Inc. d/b/a eWish.com (“eWish”) is operating this eWish gift registry service (the "Service") on behalf of (the "Merchant"). By accepting and using the Service, you (the "Registrant") agree to be bound by all of the terms and conditions set forth below. In consideration of the mutual covenants contained herein you and eWish agree as follows.

1. ENTIRE AND COMPLETE AGREEMENT. This agreement constitutes the entire and complete agreement between the Registrant and eWish in connection with the Service. 

2. REGISTRY APPLICATION. The Registrant may set up a gift registry by visiting the Merchant's web site and filling out an on-line application. Certain merchants may also allow the Registrant to set up a gift registry by visiting their store and submitting a registry application. eWish and the Merchant reserve the right to reject any application for any reason, in their sole discretion, with or without cause.

3. CUSTOMIZED REGISTRY. Once an application is submitted and accepted, eWish shall create a set of customized web pages (the "Gift Registry") containing information submitted by the Registrant and shall make it available for viewing on the Internet by visitors (the "Guest"). The web pages may include such pages as a list of preferred gifts (the "Gift List"), photo album, on-line guestbook, and event announcement.

4. GIFT REGISTRY ACCESS. Guests may access the Gift Registry by entering the Registrant's name from the Merchant's website or from the eWish website. The Registrant may assign an optional Guest Password to restrict guest access. If a Guest Password is assigned, eWish shall do its best to withhold Gift Registry access to Guests who do not enter the correct password. However, eWish shall not be liable for any damages, actual or consequential, that may result from an unauthorized access.

5. REGISTRATION FEE. The fee for setting up a Gift Registry is zero.

6. ADDING GIFTS. The Registrant may add gifts to the Gift Registry by visiting the Merchant's web site and clicking on the "Add to Registry" button. Certain merchants may also allow Registrants to add gifts by visiting their retail store.

7. PURCHASING GIFTS. Once the Gift Registry is set up and gifts added, a Guest may log in to the Gift Registry, view the Gift List and purchase a gift on-line. ("Online Purchase"). An Online Purchase is automatically removed from the Gift List to avoid duplicate gifts. Certain merchants may allow Guests to visit the store to make a purchase in-store ("In-Store Purchase"). Following an In-Store Purchase, the merchant shall manually remove the purchased gift from the Gift List to avoid duplicate gifts.

8. GIFT ORDERS. All On-line Purchases through eWish are automatically routed to the Merchant for processing. (the "Order"). If the Merchant accepts the Order, the Merchant shall charge the gift giver's credit card and arrange for delivery. If the Merchant rejects the Order, eWish shall notify the Registrant and the Guest, and then place the rejected gift back on the Gift List. If the Order is rejected, the gift giver's credit card shall not be charged. Depending on the reason for the rejection, the Merchant may at this time and at its option, manually remove the gift from the Gift List (for example, if the gift has been discontinued and no longer available.). The Merchant may reject the Order for any reason, in its sole discretion, and shall not be responsible for any losses arising as a result of the rejection. All orders placed through eWish is subject to the Merchant accepting the Order. eWish does not guarantee the availability of any Order.

9. RETURNING GIFTS. If the Registrant or gift giver wishes to return a gift, they shall contact the Merchant directly and follow the Merchant's return procedures. Some Merchants may have restrictive return policies, charge a re-stocking fee for returns, or not accept returns at all. It is the Registrant and the gift giver's responsibility to understand the Merchant's return policy before placing the order. As the order processor, eWish is not involved with the return process. Once an Order has been accepted by the Merchant eWish has fulfilled all of its obligations in connection with the Order.

10.TERMINATION OF AGREEMENT. The Registrant, the Merchant or eWish may terminate this agreement at any time, in its sole discretion, by closing the Gift Registry. Any termination shall be effective immediately unless otherwise indicated. No party shall be liable to each other or any third party for the termination of this agreement and the Service. As a private service, eWish and the Merchant reserve the right to close any account, for any reason, with in their sole discretion.

11. AGE REQUIREMENT. The Registrant must be 18 or older to use the Service. Registrants who are under 18 should have a parent as the Co-Registrant. eWish or the Merchant reserves the right to require proof of age and identity from the Registrant. Failure to provide the required information shall be grounds for termination of the Service.

12. PHOTO ALBUM. Without limiting anything contained in the Terms of Use located at http://wedding.theknot.com/wedding-tools-help-center/the-knot-about-us/articles/the-knot-terms-of-use.aspx, which are hereby incorporated by reference herein, pictures and any other content added to the online photo album become the property of eWish and may be used by eWish or the Merchant for marketing or promotional purposes. eWish and/or the Merchant reserve the right to remove any pictures or other content it considers inappropriate, inconsistent with its business objectives or in violation of intellectual property, privacy, defamation, obscenity or other  laws or rights, in its sole discretion.

13. MODIFICATION TO THE AGREEMENT. This agreement may be modified by eWish from time to time without notice. A link to the current version of the Agreement will be accessible on the Gift Registry. Continued use of the Gift Registry shall constitute agreement to the modified terms of the Agreement.

14. LAWFUL CONDUCT. The Registrant is solely responsible for the content of the Gift Registry. The Registrant agrees to comply with all applicable laws and regulations in connection with the use of the Service. eWish reserves the right to close or modify any Gift Registry it deems, in its sole discretion, is inappropriate, inconsistent with its business objectives or in violation of intellectual property, privacy, defamation, obscenity or other  laws or rights, in its sole discretion. In particular, eWish does not allow the use of the Service in connection with unlawful or otherwise objectionable activities.

15. INDEMNIFICATION. The Registrant agrees to indemnify and hold eWish, the Merchant, their respective parent companies, subsidiaries, affiliates, shareholders, directors, officers, employees, agents and other representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the use of the Service (including, without limitation, any claims relating to infringement, misappropriation or violation of intellectual property or other rights of any third party, as a result of any pictures or other content displayed by the Registrant). This provision shall survive the expiration or termination of this agreement for any reason.

16. LINKS. This web site may contain links to other web sites. However, eWish does not control these other web sites and therefore cannot be responsible for any content on such web sites nor any loss suffered in relation to the use of such web sites. The Registrant waives any and all claims against eWish, the Merchant, their respective parent companies, subsidiaries, affiliates, shareholders, directors, officers, employees, agents and  other representatives regarding the inclusion of links to outside web sites or the use of those web sites.

17. PRIVACY. eWish does not share the Registrant's personal information except as provided in the privacy policy located at http://wedding.theknot.com/wedding-tools-help-center/the-knot-about-us/articles/the-knot-privacy-policy.aspx, which is hereby incorporated by reference herein. However, eWish shall not be responsible for any losses which may result from unauthorized disclosure of personal information. The Registrant understands that in the course of operating the Service, the Merchant shall have access to the Registrant's personal information and may have its own privacy policies with respect to that information.

18. DISCLAIMERS AND LIMITATIONS ON LIABILITY.  You expressly understand and agree that:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED IN HEREUNDER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EWISH AND MERCHANT EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EWISH AND MERCHANT MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET ANY OF YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM ERROR OR OMISSION, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE HEREUNDER WILL BE USEFUL, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OFFERED IN OUR AREA WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE OPERATION OF THE SERVICE INCLUDING THE OPERATION OF ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE IN OUR AREA IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM (OR ANY COMPONENT CONNECTED TO YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EWISH, MERCHANT OR FROM ANY SERVICE PROVIDED HEREUNDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EWISH AND MERCHANT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES (OR OTHER REMEDIES, AT LAW OR IN EQUITY) FOR LOSS OF PROFITS, GOODWILL AND REPUTATION, OR OTHER INTANGIBLE LOSSES. THIS LIMITATION ON LIABILITY APPLIES EVEN IF EWISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This Section 18 shall survive the expiration or termination of this agreement for any reason.

19. WAIVER. The waiver by either party of a breach of any provision of this agreement by the other party shall not be construed as a waiver of any subsequent breach by such other party.

20. SEVERABILITY. If any part of this agreement is invalid or unenforceable under any applicable law, such event shall not render invalid or unenforceable the remainder of this agreement.

21. GOVERNING LAW. This agreement shall be governed by the laws of the State of New York, without regard to conflicts of laws principles. The Registrant irrevocably consent to the exclusive jurisdiction of the federal district courts or the state courts located in New York, New York, in connection with any action arising out of this Agreement or its subject matter. Each party waives any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.