1. Membership

Sealed Wish offers you the option of joining our site as a member. Membership is governed by these TOS. Membership with Sealed Wish gives you the ability to interface with the Company’s website and Communications Platform and to post or otherwise share content, but does not confer any ownership rights to you in Sealed Wish or the website itself of www.sealedwish.com. Your rights of Membership are those accorded to you in these Terms of Service.

2. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Sealed Wish to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

3. Communication platform

Sealed Wish may offer a Communication Platform and/or other resources at our Site and elsewhere. Sealed Wish may require you to register with us for access to some or all of these resources. You will be prompted at the time you seek to access these resources if registration, renewal, reactivation or payment of any form is required.

4. Sharing your content and information

You may control all of your content and information through your privacy and account settings.

We always appreciate your feedback or other suggestions about Sealed Wish but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

5. Communication platform

Sealed Wish may offer a Communication Platform, and Sealed Wish reserves the right to charge fees for access to some or all of it. Sealed Wish may add, remove, and/or change content, functions, features, and/or services associated with the Site and/or the Communication Platform at any time and without notice. Sealed Wish maintains the Site (including the Communication Platform) for your personal information and for your designated Recipients, Backup Contacts and Activation Key Holders to either activate and access the plans you prepared. You are permitted to use the Site for this purpose. It is strictly prohibited to use the Site or any content (including the text, images, audio and/or video) of the Site for any other purpose, including any public or commercial purpose, without our express permission. It is strictly prohibited to reproduce, distribute, modify, transmit, publicly display, reuse, re-post, or “frame” the Site or any content of the Site without Sealed Wish, prior written consent. All rights not expressly granted by Sealed Wish in these TOS are reserved to Sealed Wish and/or its licensors, as applicable.

6. Supplementation of TOS

You acknowledge that Sealed Wish may establish day-to-day operational practices that supplement these TOS, and Sealed Wish may implement and change these practices from time to time with or without notice. Such practices may include, for example, periodic deletion of information posted to the Communication Platform and the inactivation of your account if you are inactive for an extended period of time.

7. Trademarks

The term Trademarks means all registered and common law trademarks, service marks, trade names, trade dress, logos, Internet domain names, and other indications of origin owned by Sealed Wish, whether currently or in the future.

a. The look and feel of the Site, including the Communication Platform, as well as all page headers, graphics, button icons, and scripts, is the proprietary trade dress of Sealed Wish and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Sealed Wish.

b. Nothing contained herein grants or shall be construed to grant you any rights to use any Trademarks, including without limitation as a domain name or part of a domain name or as a metatag, keyword, or other type of programming code.

c. All other trademarks, service marks, logos and the like that are used or appear on the Site are the property of their respective owners. Reference on the Site to any product or service by name on the Site does not constitute or imply endorsement, sponsorship, or recommendation of the product or service by Sealed Wish, unless expressly so stated.

d. You may not use any of the Trademarks to create a link to the Site without the prior written consent of Sealed Wish.

8. Special Provisions Relating to Users Outside of the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

a. You consent to having your personal data transferred to and processed in the United States.

b. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Sealed Wish (such as advertising or payments) or operate a Communications Platform application or website.

9. Restriction and Termination of Use

Sealed Wish may block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in Sealed Wish, discretion, without cause, without prior notice, and without liability to you.

10. Limitations and Disclaimers

a. THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SEALED WISH WILL BE SAFE OR SECURE, OR THAT THE SITE WILL FUNCTION PROPERLY, IN A TIMELY MANNER, SECURELY, OR UNINTERRUPTED. THE SITE IS NOT CURRENTLY OPTIMIZED FOR MOBILE USE AND MOBILE USE OF THE SITE MAY IMPAIR FUNCTIONALITY. SEALED WISH IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES INCLUDING ITS USERS. NONE OF SEALED WISH, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, AGENTS, ADVISERS, AFFILIATES, SUBSIDIARIES, AND ITS THIRD-PARTY PARTNERS IS OR WILL BE LIABLE TO YOU OR THE INDIVIDUALS YOU DESIGNATE ON YOUR ACCOUNT FOR ANY HARM ARISING OUT OF YOUR ACCESS TO OR USE OF OR OUT OF YOUR INABILITY TO ACCESS OR USE THE SITE. THE INFOMRATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE INFORMATION RECEIVED (IF ANY). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIMITATIONS OF DAMAGES ET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

b. Sealed Wish makes no warranty that the Site or its content shall perpetually exist or exist beyond the date of your death. In the event that Sealed Wish is sold, assigned, merged, dissolved, converted or otherwise restructured such that the operation of the Site shall not continue, you will be notified at such time by Sealed Wish and you shall receive a reimbursement for the products you have purchased to date. You shall have twenty four (24) months from such notification to retrieve any information, messages, videos or other content posted on the Communications Platform. In such an event, any content retrieved by you shall cease to be the property of Sealed Wish.

c. The Site may contain links to third-party sites. Sealed Wish has not reviewed all of the third-parties to which the Site may be linked, and Loving Plans is not responsible for the content of any of those sites. The presence of links from the Site should not be construed as endorsement, sponsorship, or approval of those sites. Use of those sites is at your own risk and subject to the terms of service that govern those sites. These third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies different than our policy.

d. Linking to the Site. You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sealed Wish, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries, and its third-party partners from and against any loss, injury, liability, claim, demand, damages, costs and expenses, including reasonable attorney fees and costs, arising in any manner out of or in connection with your use of the Site, including without limitation as a result of content you post to the Communication Platform.

12. Other terms

a. These TOS constitute the entire agreement between you and Sealed Wish relating to the subject matter hereof, and they supersede any prior agreements between you and Sealed Wish relating to the same. The failure of Sealed Wish to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these TOS is held invalid, the remainder of the TOS shall continue in full force and effect. If any provision of these TOS shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under these TOS to anyone else without our consent. All of our rights and obligations under these TOS are freely assignable by us in connection with a merger, acquisition, or sale of assets, sale of stock or voting units, or by operation of law or otherwise. Nothing in these TOS shall prevent us from complying with the law. These TOS do not confer any third party beneficiary rights.

b. These TOS and the relationship between you and Sealed Wish shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with these TOS shall be heard exclusively by the state or federal courts sitting in Pennsylvania. You hereby submit to the personal jurisdiction of those courts and waive any objection as to venue or the convenience of those courts.

c. If you are a member or registered user, any legal notice relating to these TOS shall be sent to the email address associated with your account. Any legal notice to us shall be sent to support@sealedwish.com.