Terms of Use

Thank you for visiting the occasionography.com website ("Site"). This Site is a service owned and made available to you by Charmyn Group LLC, a Colorado limited liability company (“we” or “us”).  All content, products and services provided on and through this Site may be used only under the following terms and conditions (“Terms of Use”).

YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.  PLEASE READ THEM CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, DO NOT USE THIS SITE.

Content
All content, materials, text, graphics, audio streams, video streams, webcasts, podcasts, user interfaces, visual interfaces, photographs, trademarks, service marks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of the Content, contained on our Site is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Your User License
As long as you comply with these Terms of Use, you are granted a limited, nonexclusive, nontransferable license to access this Site and it’s Content in accordance with these Terms of Use. If you are under 18 years of age, you may not use this Site. Our Site is hosted in the United States but contains some general information that is appropriate for global access and use. We make no representation that all materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.

Limitations on Your Use
No Content from our Site may be copied, reproduced, republished, uploaded, downloaded, posted, displayed, encoded, translated, transmitted, or distributed in any way, except that you may download one copy of the Content on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, and (ii) you make no modifications to such Content. You may not use the Content for any commercial purpose without our prior written permission. You may not, without our prior written permission, co-brand this Site, frame this Site, hyper-link to this Site or mirror any Content contained on this Site on any other server. The unauthorized use of any such Content on any other Web site or computer environment is expressly prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or Content accessible within this Site.  You agree to cooperate with us in causing any unauthorized co-branding, framing, hyper-linking or mirroring immediately to cease.

Privacy and Your Personal Information
Your use of our Site is also subject to the terms of our Privacy Statement. You acknowledge that you have read and understand our Privacy Statement, and consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, our Privacy Statement.

Intellectual Property Rights
Copyright-The Content and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED, to the full extent that such Content can be protected under such copyright laws. The posting of any such elements on this Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission.
Trademark- All trademarks, service marks, product names, company names, logos and trade dress on this Site, unless otherwise noted, belong to us (the “Marks”).  All other trademarks, service marks, product names, company names, logos, and/or trade dress mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. The use or misuse of any Marks or any other materials contained on this Site, without the prior written permission of their owner, is expressly prohibited.

Warranty Disclaimer
OUR SITE, ITS CONTENTS AND OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF: (i) THIS SITE, THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM THIS SITE, OR (ii) OUR PRODUCTS OR SERVICES. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS TO COMPUTER EQUIPMENT OR SOFTWARE.

Earnings and Income Disclaimers
ANY EARNINGS OR INCOME STATEMENTS on this site or in our products ARE ONLY ESTIMATES. Your earnings and income may vary greatly depending on a wide variety of factors, including your geographic location, competition in your market area, your business and management expertise, your work ethic, your background, economic and market conditions, labor and product costs, etc.  There are significant and unknown risks involved in using our products and services.  THEREFORE, WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL DO BETTER THAN, OR AS WELL AS, SUCH EARNING OR INCOME STATEMENTS.  IN FACT, YOU MAY NOT MAKE ANY MONEY AT ALL AND MAY EVEN LOSE MONEY. WHERE SPECIFIC EXAMPLES OF EARNINGS OR INCOME ON THIS SITE OR IN OUR PRODUCTS ARE USED, AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE REPRESENTED TO US THAT THEY EARNED THAT AMOUNT BUT WE HAVE NOT CONFIRMED THAT CLAIM. THERE IS NO ASSURANCE THAT YOU WILL HAVE SIMILAR EARNINGS OR INCOME AND THERE IS NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, OF ANOTHER INDIVIDUAL OR BUSINESS IS AN INDICATOR FOR YOUR FUTURE SUCCESS OR RESULTS.  ALL EXAMPLES AS TO EARNINGS OR INCOME ON THIS SITE, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS OR INCOME.  THE CONTENT ON THIS SITE AND OUR PRODUCTS AND SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. SEEK THE ADVICE OF QUALIFIED PROFESSIONALS BEFORE USING OR ACTING ON ANY CONTENT ON THIS SITE OR ON ANY INFORMATION CONTAINED IN OUR PRODUCTS. YOU ARE RESPONSIBLE FOR EVALUATING AND VERIFYING SUCH CONTENT AND INFORMATION. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE BASED ON YOUR USE OF SUCH CONTENT OR INFORMATION.

Limitation of Liability
IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, MEMBERS OR ATTORNEYS,  BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (i) THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM THIS SITE) OR OTHERWISE, OR (ii) OUR PRODUCTS OR SERVICES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  In no event will our entire liability exceed the amount you have paid to us for the applicable Content, product or services out of which such liability arose.  You must notify us within thirty (30) days of the date upon which such liability arises.

Indemnity
You will indemnify and hold us, and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, managers, members, and attorneys (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of the Content hereof or our products or services, other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Content hereof or our products or services accessed from this site.

Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown for such things as the availability of products or services.  We reserve the right to correct any inaccuracies or typographical errors on our Site, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, Content or to our products and services at any time. If you see any description you believe to be incorrect, please contact us as described below, and we’ll verify it for you.

Links to Other Web Sites
Our Site may contain hyper-links to other Web sites.  These hyper-links are provided solely as a convenience to you. We have not reviewed and do not endorse or accept any responsibility for the content, or accessibility of resources available on, any other Web site. We suggest that you carefully review the terms of use of any Web site you choose to access from our Site.

Your Submissions
Other than personally identifiable information, which is covered under our Privacy Statement, any suggestions, ideas, concepts, material or other information you submit to, or send via, this Site (“Submissions”) shall become, and shall remain, our exclusive property and you hereby grant to us the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  We shall have no obligation of any kind with respect to such Submissions and shall be free to use and disclose the Submissions to others without limitation.

Governing Law and Jurisdiction       
These Terms of Use are governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflict of laws. Any controversy or dispute arising out of your use of our Site shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in Garfield County, Colorado, USA. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.

Changes To These Terms of Use       
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Updated versions of the Terms of Use will be posted here on our Site and are effective immediately. The date of the newest version is posted below. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of this Site following the posting of changes will mean that you accept and agree to the changes.

© 2009 by OccasionOgraphy® a division of Charmyn Group LLC

Date of Last Update to Website Terms of Use: June 4, 2009.

Sales and Refunds Policy

We appreciate you considering purchasing a product from occasionography.com ("Site"). The products sold on this Site are sold by Charmyn Group LLC, a Colorado limited liability company (“we” or “us”).  All purchases from this Site are subject to the following terms and conditions (the “Sales and Refunds Policy”).

Method of Ordering
If you would like product and pricing information or to order a product by phone, please call us at 888-284-0998 between the hours of 9 a.m. and 5:30 p.m. Eastern time, Monday through Friday.  If you would like to order a product directly from this Site, please follow the directions on this Site.

Prices
Your total order price will include the price of the product (on the day of shipping) plus any applicable sales tax and shipping and handling charges.  We reserve the right to change prices for our products at any time. All prices on our site are represented and payable in US dollars.

Payment Methods
You may pay by credit card no matter which ordering method you use (Internet, fax, mail or phone).  Although we make every attempt to ship all orders received by 2:00 P.M. on the same day they are received, your order may not ship until the next business day even though your credit card will be charged upon receipt of your order.  We accept Visa, MasterCard, American Express, and Discover cards.  Mail-in orders may also be accompanied by Money Orders or Certified Bank Cashier Checks.

Credit Card Security Codes- We may require the credit card security code for your credit card for any telephone or online purchase. The credit card security code is an individual three- or four-digit number specific to your credit card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, MasterCard or Discover). Asking for and confirming your credit card's security code helps validate that you - and only you - are in the possession of your credit card and protects you from unauthorized use of your account.

Sales Tax
Purchases from us will include sales tax if your shipping address is in Florida at the sales tax rate in effect at the time your order is placed. If you phone in your order, we will provide an estimated dollar total of your order including tax and any applicable shipping charges at the time you place your order. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order was received in our system will apply.

Order Confirmation
We will send you a confirmation of your order via email provided you have included a valid email address with your order.   We strongly encourage you to whitelist the domains ‘charmyn.com’ and ‘occasionography.com’ to ensure that you receive emails from us.

Order Processing
The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time and does not include transit time. Payment processing will not begin until we receive all the information we need and full payment or a full authorization, in the case of credit card orders.  Most of our orders typically ship same day received, but may take up to 2 business days. Business days are Monday through Friday, excluding federal holidays.

Orders placed on the weekend or on a holiday will begin payment processing the next business day. Unanticipated changes in supply can affect product availability.

Shipping Options
Unless specified otherwise, we ship our products via U.P.S. Ground Shipping.  Delivery time for domestic orders is approximately 1-6 business days from the shipping date.  Any international orders are shipped via U.S. Postal Service international mail.
Undeliverable Packages: Occasionally packages are returned to us as undeliverable. When the carrier returns an undeliverable package to us, please contact us to make arrangements for reshipment.

Product Return and Refund Policy
We have a 100% moneyback guarantee on our Business Start-Up Kits. If you are not completely satisfied with your Business Start-Up Kit, you may return it to us for a full refund within thirty (30) days of purchase.  Shipping and handling fees are not refundable.  Please call us at 888-284-0998 to arrange for a return.  You are responsible for any shipping fees and insurance associated with returning the product to us.  We will not issue a refund to you until we have received the product back from you.  We will then issue a refund in the same manner in which you paid for the product when you purchased it.  Other than the Start-Up Kit, all product and service sales are final and nonrefundable.

Errors and Corrections
Data entry errors or other technical problems may sometimes result in inaccurate information being shown for such things as the availability of products or the pricing of products.  We reserve the right to correct any inaccuracies or typographical errors on our Site, and shall have no liability for such errors.

Governing Law and Jurisdiction       
These Sales and Refunds Policies are governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflict of laws. Any controversy or dispute arising out of your purchase of our Products shall be submitted, and you irrevocably consent, to the personal jurisdiction of any state or federal court located in Garfield County, Colorado, USA. If any provision of these Sales and Refunds Policies are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.

Changes To These Sales and Refunds Policies     
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Sales and Refunds Policies, at any time. Updated versions of these Sales and Refunds Policies will be posted here on our Site and are effective immediately. The date of the newest version is posted below. It is your responsibility to check these Sales and Refunds Policies periodically for changes. Your continued use of this Site following the posting of changes will mean that you accept and agree to the changes.

© 2009 by OccasionOgraphy® a division of Charmyn Group LLC

Date of Last Update to Sales & Refunds Policy: June 4, 2009.