Terms of Service for The Name Origin


Last Updated: May 15, 2025

These Terms of Service ("Terms") govern your use of our website thenameorigin.com and any services offered by The Name Origin, including our online ordering system for personalized prints, customization tools, digital proofing process, and related communications (collectively, the "Services"). By accessing or using our Site or Services, you agree to be bound by these Terms. Please read them carefully.

Acceptance of Terms
By accessing or using the Site or Services, including placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, please do not use our Site or Services.

Definitions

  • "Customer," "you," or "your" refers to the user accessing or using the Site or Services, or placing an order.

  • "The Name Origin," "we," "us," or "our" refers to the business operating under the name The Name Origin, providing personalized print services.

  • "Services" include our website, online ordering and customization system, the products we offer (personalized prints including First Name Meaning Gifts, Double Name Meaning Gifts, Create Your Own Statement Gifts, Baby Birth Announcements), the digital proofing process, and related email and SMS communications.

  • "Product(s)" refers to the personalized prints and related items offered for sale by The Name Origin.

Use of the Site and Services
You may use our Site and Services for lawful purposes only and in accordance with these Terms. You agree not to:

  • Use the Site or Services in any way that violates any applicable federal, state, local, or international law or regulation.

  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site or Services.

  • Transmit any viruses, worms, or other malicious code.

  • Attempt to gain unauthorized access to any portion of the Site or Services.

  • Use the Site to collect personal information of other users without their consent.

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Product Orders and Customization

  • Order Process: Our Site allows you to order personalized prints. This involves selecting product types, choosing customization options (such as size, background, mat color), and providing specific personalization details (such as names, origins, custom text, or birth information).

  • Accuracy of Information: You are solely responsible for the accuracy of all information you provide for personalization, including spellings of names, dates, custom text, and specified origins. We will produce the Product based on the information you submit.

  • Digital Proof Approval: For all personalized Products, we will provide you with a digital proof via email for your review and approval before final production. You are responsible for carefully reviewing this proof for any errors in spelling, dates, layout, or other personalized details. Production will only commence after we receive your written approval of the proof (e.g., via email reply). If we do not receive your approval within one (1) week of sending the proof (including after reminder attempts), we reserve the right to proceed with production based on the details you originally submitted to avoid further delays. Once a proof is approved, the order is considered final in terms of content and personalization.

  • Acceptance of Order: Placing an order and approving a proof constitutes your explicit agreement to be bound by these Terms and your confirmation that all personalization details are correct.

User-Generated Content (for "Create Your Own Statement Gifts")
If you submit your own text, poems, lyrics, or other content ("User Content") for inclusion in a Product, you

represent and warrant that:

  • You own or have all necessary rights, licenses, consents, and permissions to use and authorize us

  • to use your User Content.

  • Your User

  • Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

  • You

  • agree to indemnify and hold The Name Origin harmless from any claims, damages, or expenses arising from a breach of these warranties.

Pricing and Payment

All prices for Products are listed on our Site and are subject to change. Payment must be made in full at the time of order (or as directed through our payment link process) via the payment methods accepted on our Site (e.g., Stripe).

Returns, Refunds, and Cancellations

  • Custom Nature of Products:

  • Due to the personalized nature of our Products, they are generally non-refundable and cannot be returned or exchanged unless they arrive damaged or there is a clear error made by The Name Origin in the production process that deviates from the approved proof.

  • Cancellations:

  • You may request to cancel your order before you have approved the digital proof. Once a proof has been approved and the Product has gone into production, cancellations may not be possible or may incur a fee.

  • Damaged or Incorrect Items:

  • If your Product arrives damaged, or if there is an error on our part (e.g., different from the approved proof), please contact us at [email protected] within [e.g., 7 days] of receiving your order, providing photographic evidence. We will assess the issue and work with you to find a suitable resolution, which may include a replacement or refund.

Intellectual Property

The Site and its original content (excluding User Content provided by you), features, and functionality (including but not limited to all text, graphics, logos, images, software, and the compilation of name meanings/origins/virtues as presented) are owned by The Name Origin and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as generally and ordinarily permitted through the Site according to these Terms. The Name Origin name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of The Name Origin. You must not use such marks without our prior written permission.

Disclaimer of Warranties


THE SITE, SERVICES, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT PRODUCTS WILL MEET YOUR EXPECTATIONS BEYOND CONFORMING TO THE APPROVED PROOF. SLIGHT VARIATIONS IN COLOR OR MATERIALS MAY OCCUR.

Limitation of Liability


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE NAME ORIGIN, NOR ITS OWNERS, EMPLOYEES, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE, SERVICES, OR PRODUCTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE NAME ORIGIN FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE LIABILITY.

Termination


We may terminate or suspend your access to all or any part of the Site

or Services at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including,

without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Dispute Resolution


These Terms and any dispute or claim arising out of or relating to them shall be governed by and construed in accordance with the laws of The United State Of America, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal or state courts located in your City. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

(Note: This section is CRITICAL and needs to be filled with the correct jurisdiction for your business. Consult a legal professional.)

Privacy Policy


Your use of the Site and Services is also subject to our Privacy Policy. Please review our Privacy Policy (available at

[Link to Your Privacy Policy Page]) to understand our practices regarding the collection, use, and disclosure of your personal information.

Accessibility


We are committed to making our website accessible. If you experience any difficulty accessing our Site or Services, please contact us at [email protected] for assistance.

Shipping and Delivery


We will make reasonable efforts to ship Products within the estimated timeframe provided after proof approval. However, shipping and delivery dates are estimates only. Risk of loss and title for Products pass to you upon our delivery to the carrier. You are responsible for providing an accurate shipping address.

Amendments to Terms


We reserve the right to modify or replace these Terms at any time in our sole discretion. We will indicate changes by updating the "Last Updated" date at the top of these Terms. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

Contact Us


If you have any questions about these Terms of Service, please contact us at: [email protected]

Entire Agreement


These Terms and our Privacy Policy constitute the entire agreement between you and The Name Origin regarding your use of the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and Services.