Terms of Use.

 
  1. Your access to and use of “www.holdceremony.com” (the “Website”) is conditioned upon your acceptance of and compliance with these Terms of Use which apply to all visitors, users and others who wish to access or use the Website. By accessing or using the Website you agree to be bound by these Terms of Use and affirm that you are 18 or more years of age and are fully competent to enter into the terms, conditions, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you disagree with any part of these Terms of Use then you do not have permission to access the Website. By accessing the Website, you are agreeing that you have read and will abide by these Terms of Use.

  2. In order to access some features of the Website you may have to create a personal account. You agree to provide accurate and complete information in creating such account which shall be for your use only. You may not use an account of another person without the permission of CEREMONY, LTD. You agree that you are responsible for actions and submissions under your account.

  3. All purchases through CEREMONY the Website by any person (“Customer”) are subject to these terms and conditions. By placing an order, the Customer is accepting such terms and conditions. Any additional or different terms or conditions in any form delivered a Customer are deemed to be material alterations and are hereby rejected.

  4. These Terms and Conditions are subject to change without prior notice. However, the Terms and Conditions posted on this Site at the time Customer places an order will govern such order, unless otherwise agreed in writing by CEREMONY and Customer.

  5. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions or any purchase order or invoice, or any document in electronic or written form that is signed and delivered by each of the parties for the purchase of products from this Site.

  6. Customer acknowledges that certain products offered on this Site are sold by CEREMONY as a distributor or sales agent for third party suppliers (“Third Party Suppliers”). Warranties, if any, offered by CEREMONY will be applicable only to those products manufactured by CEREMONY. Customer agrees to contact the Third-Party Suppliers directly for any issues regarding defective products or questions regarding returns, refunds, or exchanges to those products manufactured by the Third-Party Supplier. Customer will look solely to the Third-Party Suppliers for any loss, claims, or damages arising from or related to the sale of products and services hereunder. Customer hereby releases CEREMONY from any and all claims arising from or relating to the purchase of Third-Party Suppliers products hereunder.

  7. CEREMONY reserves the right to make changes to pricing and the products offered on this Site for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, fluctuations in Third Party Supplier pricing, and errors in advertisements.

  8. All orders are subject to product accessibility and the availability of the Third-Party Suppliers. Therefore, CEREMONY cannot guarantee that it will be able to fulfill Customer’s orders.

  9. Any information on this Site is subject to change without notice and CEREMONY disclaims all responsibility for these changes. CEREMONY may discontinue the Site at any time without notice and may discontinue or restrict any Customer’s use of the Site at any time for any reason.

  10. When purchasing products from this Site, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs, or other illustrations representing the products that may be provided by CEREMONY. CEREMONY does not guaranty that the color of a particular item as shown on the site will be identical to the actual color since the color of an item on the Site is dependent on the Customer’s computer monitor which may distort the actual color. CEREMONY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY THIRD-PARTY SUPPLIERS’ WARRANTY.

  11. Customer expressly waives any claim that it may have against CEREMONY based upon any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any product and also waives any right to indemnification from CEREMONY against any such Claim made against Customer by a third party. Customer acknowledges that no employee of CEREMONY is authorized to make any representation or warranty on behalf of CEREMONY that is not expressly provided in this Agreement.

  12. This Site and its content are provided “as is”, inclusive of any faults and/or errors, and are not accompanied by any representations or warranties, express or implied.  CEREMONY will not be liable for damages of any type resulting from the use of this Site or the inability to use this Site, or any website linked to this Site.

  13. UNDER NO CIRCUMSTANCES WILL CEREMONY BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, EVEN IF CEREMONY HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH OR OTHERWISE RELATED TO ANY PRODUCTS PURCHASED OR ATTEMPTED TO BE PURCHASED FROM THIS SITE. IN THE EVENT OF ANY LIABILITY INCURRED BY CEREMONY, THE ENTIRE LIABILITY OF CEREMONY FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.

  14. No joint venture, partnership, employment, or agency relationship exists between Customer and CEREMONY as a result of these terms and conditions or Customer’s use of the Site

  15. The failure of CEREMONY to enforce any provisions of these terms and conditions will not in any way waive its right to subsequently enforce the terms or conditions.

  16. If any provisions hereunder are invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.

  17. Customer’s use of this Site, including but not limited to any purchases made through this Site, will indicate its agreement that the laws of the State of Ohio (without regard to conflict of laws principles) will govern the terms and conditions and any dispute that may arise between the Customer and CEREMONY. 

  18. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION, OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN MONTGOMERY COUNTY, OHIO, AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided CEREMONY under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.

  19. Estimates as to time required for shipment are based on conditions prevailing at the time of quotation and CEREMONY will not be responsible for any shipping delays. 

  20. CEREMONY and its accompanying logo are property of the CEREMONY and may not be used or reproduced without our express prior written permission.  Other trademarks may appear as noted on this Site, which are the property of their respective owners. Except as expressly provide below, content of this Site is the property of the CEREMONY. Hard copies of pages from this Site may be made by individuals for personal use only in aiding to prepare or complete an order.  Any other use of the content from this Site, including linking from other sites, is not permitted without advance written permission from the CEREMONY. All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all CEREMONY or the Third-Party Supplier’s products, whether or not appearing in large print or with the trademark symbol, belong exclusively to their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as expressly permitted is prohibited.

  21. All copyright rights in the text, images, photographs, graphics, user interface, music and other content that may be provided on the Site are owned by CEREMONY or the Third Part Supplier. Customer may not copy, reproduce, modify, display, distribute or transmit any of the copyrighted contents of the Site except as in violation of copyright laws. No licenses or rights under any trademark, copyright or other intellectual property are conferred to Customer.

  22. You agree to defend, indemnify, and hold harmless CEREMONY, its officers, directors, affiliates, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third-party right, including without limitation any copyright, infringement, property, or privacy right.

  23. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  24. These Terms and Conditions were last updated on November 12, 2021.