Moments Made Bridal Web Sites
Effective Date of Terms: January 1, 2000 Welcome to the LatterDayBride.com Web sites, which include but are not limited to momentsmadebridal.com, modestdresses.com, and LatterDayBride.com (the "Sites"). The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement"). Your use of the Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to this Agreement, please do not use the Sites. This Agreement is entered into by and between you and LatterDayBride.com LLC, a Utah Limited Liability Company ("LatterDayBride" or "We"). In consideration of your use of and access to the Sites, and the promises and obligations herein, and intending to be legally bound, you and LatterDayBride hereby agree as follows:
Agreement to Return Policy:
Casual, Ready-Made Bridesmaid Order Exchanges and Returns:
Our casual, ready-made bridesmaid dresses are any of our bridesmaid dresses distinguished by numbers instead of names, (ie MW22880). Good news: these dresses are often in stock, so exchanges are generally quick and easy. If you need a different, size, color, and style, you will need to call us within three business days of receiving the dress. Please note that our ready-made bridesmaid dresses can only be exchanged once, so be certain of the changes you would like to make initially.
Wedding Gown, Prom, Bridesmaid and Temple Order Exchanges:
If you need a different size, call us as soon as possible. If you wish to do an exchange, you will need to call us within three business days of receiving your dress. Many times, we are able to expedite the exchange or make suggestions to meet your needs. Exchanges do not require a restocking fee, but additional shipping will be charged. If you have any questions, please call 888.696.3633 toll-free Monday through Friday between 10 am and 6 pm MST.
Wedding Gown, Prom, Bridesmaid and Temple Order Returns:
With a few exceptions, we want you to feel free to return the dress you purchase from us online. In the event you are dissatisfied with a gown purchase, please return it to us. We will accept your return if you follow these steps:
Our return policy is only open 3 business days after you receive your gown, so try your dress on right away to see if it fits and meets your expectations. In the event that you will be away when the gown arrives to you, or if you can foresee an unavoidable delay, call us before the 3 business day period starts so we can adjust the “3 business days” as needed.
If the gown does not work for you, call 801.363.3688 toll-free within 3 business days of receiving your order to receive your return authorization number.
Write the authorization number clearly on the outside of the box.
Mail the item(s) back to us within three days of receiving it. Your return box must be postmarked within the three-day grace period from the day you received it. All return items must not be worn, altered, or damaged and the garment tags must remain attached.
Ship the items prepaid and insured to the return address on your package.
Once we receive your return, we will promptly issue an exchange, credit or refund of the total purchase price of the item(s). Shipping charges are not refunded, and we do charge a 15% restocking fee per item for any and all returns which will be subtracted from your refund.
Please note: International orders of any kind will be responsible to pay for duties and taxes in their country.
Let’s review the exceptions:
No returns on showroom orders: Only internet orders or phone orders returned according to this procedure will be accepted and credited. Once the gown has been ordered, the order cannot be cancelled. If the dress or items have been tried on at the showroom, we regret we cannot accept cancellations or returns. No returns on customized dress orders: Dresses that are special ordered are not returnable. If you purchase your wedding dress or formal dress with any special changes, such as a custom length, petite cut, custom measurements, changes to the sleeves or neckline, special sizing, special color changes, or any other custom changes the dress will not be returnable. No returns on orders of two or more formalwear dresses: We cannot accept returns for bridal parties who have ordered two or more formalwear dresses. If you need a different size, please contact us immediately, so we can do our best to accommodate your needs. Additional costs may apply. No returns on gown sizes chosen outside of our expert recommendations: We know our dresses very well, and you can trust us to recommend the best sizing options for you based on your measurements. Sometimes customers prefer to choose sizes that are larger or smaller than the size we recommend. It is ultimately up to you to decide the size, but if you go with a size outside of our recommendations, the gown will not be returnable or exchangeable.
1. Agreement to Terms.
2. Specific Terms
This Agreement and the information provided in the Sites do not modify or supersede the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Sites contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to this Agreement. To the extent there is a direct conflict between this Agreement and the Specific Terms, the Specific Terms shall prevail.
3. Discontinued Operation of Site.
Moments Made Bridal shall also have the right without notice and at any time, for any reason, to discontinue operation of the Sites or any portion thereof, or any products or services offered through the Sites, or to terminate your right to access or use the Sites or any portion thereof or your account, including for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or LatterDayBride or its suppliers.
You must be at least 13 years old to use the Sites, and if you are under 18, you may use the Sites only with the permission and involvement of a parent or guardian.
5. Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Sites, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date.Moments Made Bridal may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding onMoments Made Bridal in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned byMoments Made Bridal or by third parties that have licensed their use toMoments Made Bridal. You may view and use the Content only for your personal information and for shopping and ordering on the Sites, and for no other purpose. You may not otherwise use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots, or similar data gathering and extraction tools at the Sites. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) ofMoments Made Bridal or its suppliers without our express, written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, written consent. Any use of the Content, except as specifically permitted in this Agreement or as otherwise expressly permitted in the Content or in a writing signed byMoments Made Bridal, is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Sites, or items advertised on the Sites, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Sites. In order for us to investigate your claim of infringement, you must provide us with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you believe has been infringed; A description of where the material that you claim is infringing is located or identified on the Sites; Your name, address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property. The above information should be provided to Moments Made Bridal's agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows: By mail:LatterDayBride, LLC Copyright Agent 785 West Honda Park Drive Bluffdale, Utah 84065 By e-mail:Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Moments Made Bridal, and other trademarks appearing on the Sites are the trademarks of Moments Made Bridal and/or its subsidiaries. The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content 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 exploit in any way any of the Contents or the Sites. Unless otherwise specified, the Sites and the Contents are intended to promote Moments Made Bridal products and services available in the United States. The Sites are controlled and operated by Moments Made Bridal from its offices in Bluffdale, Utah.
7. User Comments, Feedback, and Other Submissions
8. Linked Third Party Sites.
Links to other websites operated by third parties, including Moments Made Bridal's suppliers and vendors, do not constitute sponsorship, endorsement, or approval by Moments Made Bridal of the content, policies, or practices of such linked sites. Linked websites are not operated, controlled, or maintained by Moments Made Bridal, and Moments Made Bridal is not responsible for the availability, content, security, policies, or practices of linked websites, including without limitation privacy policies and practices. Links to other websites are provided for your convenience only, and you access them at your own risk. The Sites may contain links to other Web sites that are not under the control of Moments Made Bridal. Moments Made Bridal has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.
9. Disclaimer and Limitation of Liability as to the Sites and Content.
MOMENTS MADE BRIDAL AND ITS SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. MOMENTS MADE BRIDAL AND ITS SUPPLIERS ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE SITES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL MOMENTS MADE BRIDAL, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF MOMENTS MADE BRIDAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. MOMENTS MADE BRIDAL expressly disclaims any duty to update or revise the materials on the Sites, although Moments Made Bridal may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Moments Made Bridal shall not be liable for any damages of any kind related to your use of the Sites.
10. Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
11. Disclaimer and Limitation of Liability as to Products and Services.
MOMENTS MADE BRIDAL AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED ON THE SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. While Moments Made Bridal takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your personal information. UNDER NO CIRCUMSTANCES SHALL MOMENTS MADE BRIDAL, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITES, EVEN IF MOMENTS MADE BRIDAL OR ITS SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF MOMENTS MADE BRIDAL OR ITS SUPPLIERS EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. Many products displayed on the Sites are available in select Moments Made Bridal in the United States and, in some cases, select foreign markets. The prices displayed on the Sites are quoted in U.S. Dollars. Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy. We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
You agree to defend, indemnify, and hold harmless Moments Made Bridal, Moments Made Bridal's suppliers and vendors, and their respective affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of this Agreement or your access to or use of the Sites and any product or service provided to you arising out of or relating to your use of the Sites. The foregoing indemnification obligation shall survive termination of this Agreement and the Sites. You agree to defend, indemnify and hold Moments Made Bridal harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
13. Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Moments Made Bridal agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to LatterDayBride at: Moments Made Bridal 785 West Honda Park Drive, Bluffdale, Utah 84065 Attn: General Counsel, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Moments Made Bridal agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
14. Registration; Customer Accounts; Use of Site.
Certain services offered on or through the Sites require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Sites due to someone else using your password or customer account. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to the Sites, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. You agree to provide us with accurate information about yourself and your billing information as prompted by the registration process, and update that information to keep it current. You may update any of your account information by clicking on the My Account button, logging in to your account and selecting My Profile. You may not use any automatic device, program, or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Sites.
This Agreement constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Moments Made Bridal of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in this Agreement are intended for convenience only and shall in no way affect the interpretation of the Terms. Moments Made Bridal and its suppliers shall not be liable for any nonperformance or delay in performance caused by any act or event beyond their reasonable control. You consent to receive electronic communications from us, whether addressed to the e-mail address associated with your account or posted on the Sites. You acknowledge and agree that any communication by e-mail or by posting on this Site satisfies any legal requirement that such communications be made in writing. This Agreement shall be construed in accordance with the laws of the State of Utah, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Utah, County of Salt Lake. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Sites, or any orders placed or products purchased on the Sites, shall be in the state or federal courts located in Salt Lake County, Utah. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Moments Made Bridal right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites. Access to or use of the Sites shall not be construed as the purposeful availment by LatterDayBride or its suppliers of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Utah. LatterDayBride, LLC 785 West Honda Park Drive Bluffdale, Utah 84065
This Agreement is effective unless and until terminated by either you or Moments Made Bridal You may terminate this Agreement at any time. Moments Made Bridal also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.