Warranty and USER AGREEMENT

1. If, for some reason Sweet Memories is unable to fulfill your order we will credit your account or return payment for the full amount of your order. Sweet Memories shall warrant its product for 30 days from the time you receive the product to 100% of your satisfaction or your money back. Purchased gift certificates will be credited back to the original purchaser for the original value. It is also the responsability of the gift certificate purchaser to hand out only the amount of certificates purchased. If you purchased 2 certificates and hand them out to 3 people, we will only honor the first 2 that are redeemed. If your package arrives damaged please return it to Sweet Memories for replacement. Please remember that by mailing your Loved One's picture you will risk damage to your picture in the mail. Sweet Memories will not be held liable for any such damage. There is a $15 fee for bounced check and a $25 processing fee for chargebacks.

2. This User Agreement ("Agreement") is an agreement between Sweet Memories and the party set forth in the related order form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in this Agreement as "Customer" or "you". PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. Sweet Memories reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Sweet Memories. Subject to the terms and conditions of this Agreement, Sweet Memories will provide to Customer the Services selected by Customer set forth on the Order Form.

3. Property Rights. Sweet Memories owns all right, title and interest in and to the Services and Sweet Memories trade names, trademarks, service marks, copyrights, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware. Nothing in this Agreement constitutes a license to Customer to resell, copy or duplicate this product.

4. Indemnification. Customer agrees to indemnify, defend and hold harmless Sweet Memories and its affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer's use of the Services, (ii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iii) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

5. Governing Law; Jurisdiction; Arbitration. This Agreement shall be governed in all respects by Wisconsin law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in Wisconsin. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules (collectively, the "AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Manitowoc, Wisconsin, or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section shall survive any termination of this Agreement.


Sweet Memories Content and Copyright

1. The contents of this Service are intended for your personal, noncommercial use. You will use the Service and any content, material, or information found on the Service solely for lawful, non-commercial purposes. All materials published and provided on the Service ("Content") are protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by Sweet Memories , and "sweetmemoriessite.com" are trademarks of Sweet Memories. You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Service.

2. The Service and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Service in whole or in part.

Copyright © 2002 [Sweet Memories]. All rights reserved. Revised: 2006.

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Copyright © 2006 Sweet Memories, All rights reserved.