Just Together™ Honeymoon Registry Terms And Conditions

This Terms of Use ("Agreement") is a contract between any person who uses this website, i.e. you, your fiance(e), bride, groom, your contributors, guests, and site visitors (the “Users”) and Just Together Inc, a Delaware Corporation (all collectively referred to as the “Parties”) and applies to your use of Just Together honeymoon registry service and all features related to the service as available through www.JustTogether.com (collectively referred to as the "Service").

In this Agreement, "you" or "your" refers to any person or entity using our Service ("Users"). Unless otherwise stated, "Just Together," "we,” "our," or “us,” will be referring to Just Together Inc.

Any current or future usage of our website as provided through www.JustTogether.com constitutes acceptance of this agreement.

This Agreement was last modified on May 4, 2009.

1.) Eligibility. Any person who uses any portion of our service as available through www.JustTogether.com, whether or not they are registered for their honeymoon. In order to specifically use our honeymoon registry platform, you and your fiance(e) must register on our site and create your honeymoon registry platform.

2.) Legal Relationship of Parties.

2.1 Appointed Agent. Just Together serves as your agent based upon your request to use our Services which requires we perform tasks on your behalf. Just Together will at all times hold your funds (less all applicable fees) to be separate from our operational funds, will not use your funds for our operating expenses or any other business purposes, and will not voluntarily make your funds available to our creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) Just Together is not a bank and the Service is a honeymoon fund service rather than a banking service, and (ii) Just Together is not acting as a trustee, fiduciary or escrow with respect to your funds, but rather is acting solely as an agent and custodian.

If you receive donations Just Together will pool those funds together with funds from other Users, and will place those funds in account(s) at one or more FDIC-insured banks ("Pooled Accounts"). You agree that any earnings on the Pooled Accounts will be the property of Just Together, and you will not receive interest or other earnings on the funds that Just Together handles as your agent.

2.2 Release. In the event that there is an unforeseen dispute or a cancellation of your wedding plans, you release Just Together and its owners from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

2.3 No Warranty. OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY CONDITION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE PARTICULARLY DISCLAIM IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

2.4 Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE FOR LOST TRANSACTIONS UNLESS DOCUMENTED AND PROVEN OTHERWISE. WE SHALL ALSO NOT BE HELD LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

3.) Fees. You specifically agree to payment of our fees as referenced in our fee schedule. (http://www.JustTogether.com/How-Much-Our-Honeymoon-Registry-Costs.html) You specifically authorize the deduction of those fees from your account so that they may be retained by Just Together as its fair and reasonable compensation, before the net balance of your account is disbursed to you. In the event of a reversal of payment by your gift purchaser, we may debit a chargeback fee of $30.00 at our discretion (Section 5.1).

4.) User Location. To be eligible for an account, either you or your fiance(e) must be residing in the United States with a valid U.S mailing address.

5.) Receiving Donations.

5.1 Reversals. In the event of a reversal or returned item where your gift purchaser does not have sufficent funds for payment and/or disputes the transaction they made on your registry, we will debit your honeymoon account and/or your direct deposit bank account (Section 13.1) for the amount of the reversal (plus any applicable chargeback fees). If you have insufficient funds in your account(s), you agree to reimburse us. The chargeback fee is $30.00 USD and will be assigned at our discretion.

5.2 Early Withdrawals. You agree that you cannot withdraw funds from your account until the Disbursal Date.

6.) User Information and Acceptable Use Policy

6.1 User Information Definition. "User Information" is defined as any information you provide to us throughout registration, and during the building of your wedding site and/or registry. You are solely responsible for this information as we do not publish or share your information outside of our website.

6.2 Acceptable Use Policy. Do not provide any false information that may potentially be misleading to donators. Do not in any way disturb or try to modify the functionality of our web site.

6.3 Licensing. Solely to enable Just Together to use the information you supply us with, so that we are not violating any rights you might have in that information.

6.4 Email Policy. Any email address provided to us will be considered an authorization by the provider for us to send information on the providers behalf. This includes, but is not limited to, email addresses provided during the registration process, email addresses provided for notifying guests, email addresses provided on various guest search features, and email addresses provided for invitation purposes.

6.5 Address and Personal Information Policy. You agree to keep your address and personal information up to date on your account including, but not limited to name, street address, phone numbers, and bank account information. You specifically agree that you will be held liable for repayment of fees arising out of or in connection with incorrect information including, but not limited to chargeback fees, reversal fees, stop payment fees and returned direct deposit fees.

6.6 User Content. We do not claim ownership of the content you upload and/or create for or through our site. However, by placing onto our site or creating content on our site you grant us an unrestricted license to use said content for the purpose of promoting our site. This includes, but is not limited to, our ability to reproduce, republish, and change or modify the content you provide.

7.) Privacy and Security. Just Together will not sell or rent your information to third parties for marketing purposes without your consent. However, certain User Information will be shared with other site visitors in order for guests to identify your registry and for us to provide the best possible service to all users. The User Information that will be shared includes first/last names, city/state/country of residence, wedding/honeymoon dates, uploaded photographs or images, and other information you may choose to include on your wedding/registry page. Just Together will not provide certain personally-identifiable User Information such as street address, telephone number(s), or bank account numbers to other users. Just Together does not request social security numbers, dates of birth, or identification from you.

8.) Closing Your Account. You agree that you may not close your account until the Disbursal Date. However, your wedding and disbursal dates may be modified at any time by accessing your user information at the following URL: http://www.JustTogether.com/Settings.html.

9.) Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Just Together. Just Together reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

10.) Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

11.) Additional Terms.

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific Services we offer:

12.) Notices.

12.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation.

12.2 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to Just Together, Attn: Administration, 6066 Munson Hill Rd, Falls Church, Virginia, 22044 (in the case of Just Together) or to our online message center or the email address you provide to Just Together during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to Just Together during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

13.) Disbursal Date. We disburse honeymoon funds two times per calendar month on the first and third Wednesday of each month. You can choose the closest of these dates that falls before your honeymoon date, or the closest of these dates that falls after your honeymoon date. This self-selected date is defined as your "Disbursal Date." You may modify your honeymoon date up to 7 calendar days before your self-selected Disbursal Date. Once the Disbursal Date is reached and funds are disbursed, your visitors will no longer be able to purchase gift items from your registry. Your funds, less applicable fees, will be disbursed to you by means of physical check or ACH electronic credit directly to your US bank account. You may specify which of these two disbursal methods you prefer.

13.1 Bank Account. By adding your bank account information to your registry, you authorize us to initiate ACH electronic entries to your bank account. We will make ACH credits for disbursal of payments and in the event of a reversal of payment by your guests (Section 5.1), we will make an ACH electronic debits for the balance and fees that are owed in accordance with these Terms and Conditions.

14.) Legal Disputes. In the event a dispute arises between you and Just Together, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Just Together agree that any controversy or claim at law or equity that arises out of this Agreement or Just Together's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Just Together strongly encourages users first to contact Just Together directly to seek a resolution. Just Together will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

14.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, unless the parties mutually agree otherwise, the dispute shall be resolved through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where in in-person appearance is required. If in-person appearances are required, the venue shall be Sussex County, Delaware. The arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or by any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

14.2 Court. In cases where the total amount of the award sought is less than $10,000 and the parties mutually agree to a Court proceeding instead of binding arbitration, or in cases where the total amount of the award sought is more than $10,000, or in cases where equitable relief is sought, the parties agree and consent that all jurisdiction, be it personal, subject matter or otherwise, shall be vested in the District Courts of the State of Delaware, with venue being in Sussex County, Delaware. You and Just Together agree to submit to the personal jurisdiction of the District Court in Sussex County, Delaware.

14.3 Alternative Dispute Resolution. Just Together will consider the use of other alternative forms of dispute resolution, such as mediation, but unless the parties mutually agree otherwise, the venue shall remain in Sussex County, Delaware.

14.4 Violations of Section 14. Should either party file an action contrary to the provisions of Section 14, the other party may recover attorney’s fees and cost actually incurred as a result of the violation.

15.) General. This Agreement is governed by and interpreted under the laws of the state of Delaware, U.S. as such laws are applied to agreements entered into and to be performed entirely within Delaware by Delaware residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 14 hereof, to the extent that the FAA is inconsistent with Delaware law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Just Together, in our sole discretion, to a third party in the event of a merger or acquisition. Just Together reserves the right to discontinue the service provided through www.JustTogether.com at any time and without prior notice. In such case, we will distribute all funds less applicable fees to our members. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (3) Fees, (2.2) Release, (2.4) Limitation of Liability, and (14) Legal Disputes shall survive any termination or expiration of this Agreement.