Our Perfect Day Terms of Use

Effective as of: [December 31, 2001]
This Web site, currently located at www.OurPerfectDay.com, as well as all
services related to this Web site (collectively, the "Site") is provided by
The OurPerfectDay website. ("OPD," "us," "our," or "we"). The terms and
conditions set forth in this terms of use notice ("Terms of Use") shall govern
and apply to your visit to and use of the Site. By using the Site, you agree to
be bound by these Terms of Use. If you do not agree to these Terms of Use, in
whole or in part, please do not use this Site .

General
We reserve the right to change or discontinue any content or feature of the
Site, or impose, change, or modify the terms and conditions of these Terms
of Use. Depending on the nature of the change, we will either announce the
change (1) on the home page of the Site, (2) provide such notice via e-mail
to Members (defined below), customers, and others who provide us with their
e-mail address, or (3) take such other action as we deem appropriate under
the circumstances. By continuing to use the Site following an announcement
of any change, you will be deemed to have agreed to such change. You agree
to review these Terms of Use periodically to be aware of such changes or
revisions.

Member Sign In
In order to better utilize the Site and for value-added service, we
encourage you to become a member of the Site ("Member"). If and when you
decide to become a Member, you agree to (1) provide accurate, current, and
complete information about yourself as prompted by the appropriate registration
form, (2) maintain and update your information to keep it accurate, current, and
complete, and (3) comply with these Terms of Use. You may review, correct,
change, or update your membership information by visiting the Your Account
section of the Site, or by e-mailing our customer support at
support@OurPerfectDay.com. You acknowledge that if any information provided by
you is untrue, inaccurate, not current, or incomplete, we reserve the right, at
our sole discretion, to suspend or terminate your membership.

As part of the membership sign in process, you will be asked to select a
Member Name and password. You may not choose a Member Name that impersonates
someone else, is or may be illegal, is or may be protected by trademark or
other proprietary rights law, is vulgar or otherwise offensive, or may cause
confusion. We reserve the right to reject any Member Name in our sole
discretion. You agree not to transfer or resell your use of or access to the
Site or permit anyone else whose account or membership was suspended or
terminated to use the Site through your account, Member Name or password. If
you have reason to believe that your password is no longer secure, you must
promptly change your password by updating your member information, and
immediately notify us by emailing us at support@OurPerfectDay.com. You are
solely responsible for maintaining the confidentiality of your Member Name
and password for any and all activities (including purchases) that are
conducted through your account.

Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and
games on the Site. Each of these activities shall be governed by specific
rules accessible from the pages of the Site offering the promotion.

Site Conduct
The Site is intended to be used for lawful purposes only. You may have the
opportunity to post, transmit or otherwise make available information,
opinions, ideas, images or other content on the Site. You may not post or
transmit any material or content on the Site that violates or infringes in
any way upon the rights of others or solicits, encourages, or promotes the
use of illegal substances or activities, which is unlawful, threatening,
abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or
publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous,
pornographic, indecent or otherwise objectionable, gives rise to civil or
criminal liability or otherwise violates any local, state, or federal law.
In addition, you may not engage in any activity on the Site that restricts
or inhibits any other user from using or enjoying the Site by means of
"hacking," "cracking," "spoofing," or defacing any portion of the Site.
You may not post or transmit through the Site: advertising or commercial
solicitations; promotional materials relating to Web site or online services
which are competitive with us and/or the Site; software or other materials
that contain so-called viruses, worms, time bombs, Trojan horses, or other
harmful or disruptive component; political campaign materials; chain
letters; mass mailings; spam mail; material protected by copyright,
trademark or any other proprietary right; any robot, spider, site
search/retrieval application, or other manual or automatic device or process
to retrieve, index, "data mine," or in any way reproduce or circumvent the
navigational structure or presentation of the Site or their contents; or
posts that express or imply that any statements you make are endorsed by us,
without our prior written consent. Additionally, you may not harvest or
collect information about Site visitors or Members without their express
consent. Making this information available on the Site may result in a Member
receiving "spam" or unsolicited e-mail. Members are encouraged to use discretion
when disclosing personally identifiable information online.

CopyrightC2001, OurPerfectDay.com. All rights reserved.
This Site and the contents of the Site are intended for your personal,
noncommercial use. The Site contains copyrighted material, including,
without limitation, text, software, photos, audio and video clips, graphics,
illustrations, images, logos, and music and sound (collectively, the "Site
Content"). This Site is protected by copyright as a collective work,
pursuant to U.S. copyright laws, international conventions, and other
copyright laws. OPD and third party content providers also own copyrights in
the content original to it. You may not modify, publish, adapt, transmit,
participate in the transfer or sale, exhibit, distribute, display, reverse
engineer, decompile, dissemble, perform, reproduce, create derivative works
from, or in any way exploit any of the Site Content, in whole or in part.
You may download or copy one copy of the Site Content for personal,
noncommercial use only, provided that no changes in or deletion of author
attribution, trademark, legend, copyright notice, or other proprietary
notices shall be made. Downloading or copying Site Content for other than
personal, noncommercial use is expressly prohibited without the prior
written permission of us or any other copyright owner. You acknowledge that
you do not acquire any ownership rights by downloading copyrighted material.
Notwithstanding the foregoing, you may not download or copy any of the
product listings, descriptions, or prices, nor may you frame or utilize
framing techniques to enclose any trademark, logo, or copyrighted material
from the Site or use any meta tags or any other hidden text utilizing our
names or trademarks, without our express written consent.

You shall be solely responsible and liable for any and all damages resulting
from any infringement of copyrights, proprietary rights, or any other harm
resulting from any uploading, posting or submission of your content on the Site.

Trademarks; Patents
"OurPerfectDay.com," is trademark and/or servicemark of OPD. Other marks,
graphics, typefaces, trade names and logos appearing on the Site are
trademarks or trade dress of OPD. All other trademarks appearing on the Site
are the property of their respective owners, including, in some instances,
us. Our trademarks and trade dress may not be used in any manner for any
purpose without our express written consent in each instance. Patents used
in connection with the Site are the property of their respective owners, which
may include us.

Copyright Infringement Claims
If you believe that any material or content posted on the Site constitutes
copyright infringement, please forward the following information to the
Copyright Agent named below (a "Notice"):

* Your address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* A statement by you that you have a good faith belief that the disputed use
is not authorized by you, the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; and
* A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.

If I link to another Web site and provide information to that Web site, how
will that information be handled?
This Site may contain links to other Web sites. If you link to another Web
site, you will leave this Site and this Policy will not apply to your use
of, and activities on, those other Web sites. We encourage you to read the
legal notices posted on those other Web sites, including their privacy
policies. We shall have no responsibility or liability for your visitation
to, and the data collection and use practices of, those Web sites.

License; Submissions
Please note that, because we could host other forums on the Site and
therefore redistribute materials you give us, we need to obtain certain
rights in those materials. You hereby grant to us a royalty-free, perpetual,
sub-licensable, irrevocable, assignable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, digitally perform, publicly perform and display any
content, material and/or your name posted on the Site (collectively, the
"Material"), (in whole or in part) worldwide and/or to incorporate it in
other works in any form, media or technology now known or later developed,
for any purpose whatsoever, commercial or otherwise, without compensation to
or prior approval by you. By submitting or sending Material to the Site you
represent and warrant that (1) the Material is original to you, (2) no other
party has any rights to the Material, and (3) the Material is not subject to
any obligation, whether of confidentiality, attribution or otherwise, on our
part and we shall not be liable for any use or disclosure of any Material.
You also warrant that any "moral rights" in posted materials have been waived.

Third Party Content
The Site contains content supplied by parties other than us. Any opinions,
advice, judgments, statements, services, offers, or other information or
content expressed or made available by such third parties, including
information providers, are those of the respective author(s) or
distributor(s) and not of us. Neither we nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular purpose. Your
use of certain services on the Site may be governed by additional rules,
which shall be available on the Site. By using any service you acknowledge
that you have reviewed all corresponding rules and agree to be bound by them.

Third Party Sites
You acknowledge and agree that we have no responsibility for the accuracy or
availability of information provided by Web sites to which you may link from
this Site ("Linked Sites"). Links to Linked Sites do not constitute an
endorsement by or association with us of such sites or the content, products,
advertising or other materials presented on such sites. We do not author, edit,
or monitor these Linked Sites. You acknowledge and agree that we are not
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on such Linked Sites.

Product Descriptions
While we, and our affiliates, attempt to provide accurate information on the
Site, we do not warrant that product descriptions or other content on this
Site will be accurate, complete, reliable, current, or error-free. Your sole
remedy for the purchase of any product on the Site is to return it for a full or
partial refund as set forth in the shipping contract governing such purchase.

Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE
SITE AND THE RELATED SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT,
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION UNDER LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT OPD, ITS
SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE
PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS,
SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF
ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF
OPD OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OPD NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF
ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE,
DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. UNDER NO
CIRCUMSTANCES WILL MSO BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE
OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS
ON THE SITE.

Monitoring
We shall have the right, but not the obligation, to monitor the content of
the Site to determine compliance with these Terms of Use and any other operating
rules established by us. We shall have the right in our sole discretion to edit,
refuse to post or remove any material submitted to or posted on the Site that we
find to be in violation of these Terms of Use or is otherwise objectionable or
stale, to disclose such materials and the circumstances surrounding their
transmission to any third party in order to operate the Site properly; to
protect ourselves, our sponsors, and our Members and visitors, and to comply
with legal obligations or governmental requests. Notwithstanding these rights or
obligations of OPD, you shall remain solely responsible for any information that
you post, transmit or otherwise make available on or through the Site. You
acknowledge and agree that neither we nor any third party content provider shall
assume or have any liability for any action or inaction by us or any third party
content provider with respect to any conduct, communication or posting on the
Site.

Indemnification
You agree to defend, indemnify, and hold harmless OPD, its affiliates, third
party service providers, and their respective directors, officers, employees,
owners, licensors, licensees, and agents from and against all claims, damages,
losses, costs and expenses, including reasonable attorneys' fees, arising out of
a breach of these Terms of Use by you and/or your activities in connection with
the Site or any services related to the Site. We may participate in the defense
of any claim at its own cost. You shall not settle any claim that affects us
without our prior written approval.

Termination
Your only right with respect to any dissatisfaction with (1) these Terms of
Use, (2) any policy or practice of ours in operating the Site, or (3) any
content available through the Site or any change therein, is to stop visiting
and using the Site. We may terminate your use of the Site, including without
limitation, your membership in the Site, at any time, in its sole discretion.

Equipment
You shall be responsible for obtaining and maintaining all telephone, computer
hardware, and other equipment needed for access to and use of the Site, and you
are responsible for all charges related thereto.

Security
We take reasonable precautions to safeguard information transmitted between
visitors and the Site and information stored on our servers. We use Secured
Socket Layers encryption for the transmission of data to our servers during
member sign in and order check out. Despite these efforts, however, we may
be unable to prevent and shall not be responsible for unauthorized access to
such information by third parties.

Privacy
See The OurPerfectDay.com Online Privacy Policy

Miscellaneous
These Terms of Use and any operating rules for the Site established by us
constitute the entire understanding of the parties with respect to the use
of the Site. We control and operate this Site from our offices in the United
States of America. We do not represent that materials on the Site are
appropriate or available for use in other locations. Persons who choose to
access this Site from other locations do so on their own initiative and at
their own risk, and are responsible for compliance with local laws, if and
to the extent local laws are applicable. These Terms of Use shall be construed
in accordance with the laws of the State of California, without regard to its
conflict of laws rules. You agree to personal jurisdiction by the federal and
state courts located in Santa Clara County, State of California. No waiver by
either party of any breach or default hereunder shall be deemed tobe a waiver of
any preceding or subsequent breach or default. The section headings used herein
are for convenience only and shall not be given any legal import. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Site must be filed within one (1) year
after such claim or cause of action arose or be forever barred. If any provision
of these Terms of Use is found to be unenforceable for any reason, than that
provision shall be deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions.

Our Address
OurPerfectDay.com
P.O. Box 26916
San Jose, CA 95159-6916
http://www.OurPerfectDay.com

Permissions
If you are interested in reproducing any Site Content, you will need our
permission, which we may approve or deny in our sole discretion.

Please send your request to:
OurPerfectDay.com
PO Box 26916
San Jose, CA 95159-6916
http://www.OurPerfectDay.com

Linking To Our Site
If you are interested in linking to our Site from your site, please e-mail
your request, which we may approve or deny in our sole discretion, to
support@OurPerfectDay.com.

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