Limitation of Liability

NEITHER OUR BIG WISH, INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OUR BIG WISH, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.

Submission of Your Content

As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. Our Big Wish, Inc. does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Our Big Wish, Inc. does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If Our Big Wish, Inc. becomes aware of any communication that allegedly does not conform to these Terms and Conditions, Our Big Wish, Inc. may investigate the communication and determine in good faith in its sole discretion whether to remove or request the removal of the communication. Our Big Wish, Inc. has no liability or responsibility to you for performance or nonperformance of such activities. Our Big Wish, Inc. reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.

Large Purchases, Disputed Purchases and Pending Credit Card Purchases

Our Big Wish, Inc. reserves the right to request an authorizing signature on purchases exceeding a predetermined amount in an effort to protect against the possibility of credit card fraud. This is primarily aimed at protecting the gift purchasers and so requires an active communication effort with them as well as their cooperation. Please note that these funds may be subject to escrow until authorization or an unspecified period of time.

Our Big Wish, Inc. reserves the right to collect payment from the gift recipient if a gift purchaser disputes and fails to resolve any credit card matters after which a gift has already been delivered to the gift recipient. Although Our Big Wish, Inc. will make every effort to collect the funds from the purchaser, a dollar amount equal to the disputed purchase amount may be held in escrow until authorization and resolution of credit card dispute are resolved.

Cancelled or Postponed Weddings

Please notify Our Big Wish, Inc. of a wedding postponement or cancellation as soon as possible. If the wedding will be delayed, you must log into your home cash gift registry account with your email and password to edit your wedding date.

If you have not received a check from Our Big Wish, Inc. for your gifts and your wedding is cancelled, we will reverse the charges on all of your guests' credit cards at no cost to you. In the event that we have already sent you a check for your gifts, it is up to you to return those funds to your friends and family.

Indemnity

You agree to defend, indemnify, and hold harmless Our Big Wish, Inc., its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these Terms and Conditions. Our Big Wish, Inc. shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Password

You may receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.

Termination

You agree that Our Big Wish, Inc. may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of Our Big Wish, Inc. or any third party, or for any reason with or without notice to you. You agree that Our Big Wish, Inc. may modify or discontinue this website, with or without notice to you. You agree that Our Big Wish, Inc. will not be liable to you or any third party as a result of such modification or discontinuation

Links to Third-Party Sites

Our Big Wish, Inc. has not reviewed all of the sites linked to this website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this website. The inclusion of any link to such sites does not imply endorsement by Our Big Wish, Inc. of these sites. Your linking to any other pages or sites is at your own risk. You agree that Our Big Wish, Inc. will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or sites.

Taxation Consequences

You acknowledge that Our Big Wish, Inc. makes no claims or promises regarding any and all tax obligations or consequences that may result from your activities as a Member of Our Big Wish, Inc. and your use of the services provided by Our Big Wish, Inc.. Furthermore, you agree that Our Big Wish, Inc. has no obligation to maintain records or provide you with documentation of your transactions with charitable/non-profit organizations for tax reporting purposes.

BY USING OURBIGWISH.COM, A COMPANY OF OUR BIG WISH, INC., YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.