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TERMS
& CONDITIONS for BUYERS
THE FOLLOWING DESCRIBES THE TERMS ON WHICH WEDDINGDEAL.COM OFFERS
YOU ACCESS TO THE SITE AND ITS SERVICES.
The services (“Service”) available at http://www.WeddingDeal.com
(the "Site") are owned and operated by Rubinoff Enterprises, LLC,
doing business as WeddingDeal.com
("WeddingDeal.com"), and are provided to you ("You") under the
following terms and conditions (the "Agreement"). If You do not
agree to be bound by the terms and conditions of this Agreement,
do not use or access the Site. WeddingDeal.com may amend this
Agreement at any time by posting the amended terms and conditions
on the Site. By clicking "I Agree" You acknowledge that
such posting constitutes reasonable and adequate notice.
Your continued use of WeddingDeal.com will signify your acceptance
of any changes. This Agreement may not be otherwise amended
except in writing signed by both You and WeddingDeal.com.
SERVICES. WeddingDeal.com is a lead generation
service that matches requests from potential customers ("Buyers")
with individuals and entities ("Sellers") that offer products
or services via the Site that may be able to meet Buyers needs.
WeddingDeal.com is not involved in the actual transaction between
Buyers and Sellers. Consequently, WeddingDeal.com cannot ensure
that a transaction will occur, even if You select Seller as the "Winner". Further, if a transaction does
occur, WeddingDeal.com has no control over the quality, quantity,
customer service, safety, delivery, price or legality of the item
or service sold. The Site acts as the venue for You to submit
requests to Sellers listed in various categories who may or may
not respond to Your requests.
REGISTRATION OBLIGATIONS. You agree to provide true,
accurate, current and complete information about You as prompted
by the registration process. If You do not, WeddingDeal.com has
the right to deny, suspend or terminate Your membership. The email
address used to register must be distinct to You. You will receive
an email notifying You whether your registration has been approved.
WeddingDeal.com may deny You use of the Service at its sole discretion
and reserves the right to deactivate Your account if it appears
that You are violating this Agreement.
WeddingDeal.com is intended for adult use only. Anyone under the
age of 18 is not permitted to participate in WeddingDeal.com.
WeddingDeal.com reserves the right to terminate Your account if
false or misleading registration information has been provided.
By clicking on “I Agree” You certify that You are 18 years old
or older.
CONDUCT. Please use common sense and practice
safety when using the Site. You agree to provide true, accurate,
current and complete information to WeddingDeal.com and Sellers
when using the Site. You may not allow anyone else to use Your
account and You may not use anyone else's account while using
the Site. You agree to notify WeddingDeal.com immediately of any
unauthorized use of Your account or any other breach of security.
WeddingDeal.com will not be liable for any loss or damage arising
from Your failure to comply.
You agree to not use the Service:
a) for any purpose in violation of applicable local, state, national,
or international laws;
b) to request the purchase of fire arms;
c) in a manner that infringes on the intellectual property, privacy
or publicity rights of others;
d) to transmit, post or make available any information, data,
text, files, links, software, chat, communication, or any other
materials that are unlawful, harmful, threatening, abusive, invasive
of another's privacy, harassing, defamatory, slanderous, vulgar,
obscene, hateful, racist, embarrassing or otherwise objectionable
to any other person or entity as determined by WeddingDeal.com
in its sole discretion;
e) to transmit, post or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"Spam," "chain letters," "pyramid schemes," or any other form
of solicitation.
f) to impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity.
g) to post improper responses as determined by WeddingDeal.com
in its sole discretion;
h) to 'stalk' or otherwise harass another;
i) to distribute viruses, corrupted files, Trojan horses, or any
other similar software or programs that may damage or interfere
with the operation of another's computer or telecommunications
equipment or utilize the resources of another's computer or telecommunications
equipment without such party's express permission;
j) to engage in any other conduct that inhibits any other person
from using or enjoying WeddingDeal.com or negatively affects the
user experience.
l) to sell or purchase regulated items, such as explosives, firearms,
tobacco or tobacco products, stocks and bonds (all securities),
prescription or non-prescription drugs.
You acknowledge that WeddingDeal.com may screen Your requests
to Sellers and has the right (but not the obligation) in our sole
discretion to deny any request or remove any content that is in
violation of this Agreement.
You may not post images of genitalia or other graphic sexual content;
if You do, the images may be deleted and Your entire request,
classified ad and/or membership account may be terminated without
refund.
TERMINATION.
Either party may terminate this Agreement at any time upon thirty
days notice. This is not a fee based service for Buyers,
so simply discontinue using service if You wish to cancel. WeddingDeal.com
may also terminate or suspend any and all memberships or services
immediately, without prior notice or liability and without refund,
if You breach any of the terms or conditions of this Agreement.
Upon termination of Your Account, Your right to use the Site and
any information about Sellers obtained via the Service will immediately
cease. All provisions of this Agreement, which by their nature
should survive termination, shall survive termination.
While WeddingDeal.com
can't regulate what happens between members once they decide to
meet offline, we do take all complaints regarding offline behavior
very seriously. If WeddingDeal.com decides that Your continued
use of the Site or Service could lead to offline behavior that
is harmful to other members or the business of WeddingDeal.com,
Your account will be suspended or terminated or Your classified
ad will be deleted with no refund. Depending on the severity and/or
number of complaints, WeddingDeal.com may or may not send you
warning emails before taking the above action.
PRIVACY. Solely to enable WeddingDeal.com to
use the information You supply ("Your Information"), so that WeddingDeal.com
and Sellers are not violating any rights You might have in that
information, You agree to grant WeddingDeal.com a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable
(through multiple tiers) right to exercise the copyright, publicity,
and database rights you have in Your Information, in any media
now known or not currently known, with respect to Your Information.
WeddingDeal.com will only use Your Information in accordance with
the Privacy Policy and will require that Sellers who use Your
information use it in accordance with the Privacy Policy. For
more information, see Privacy Policy.
CONTENT. WeddingDeal.com reserves the right to
post on the Site the text and additional product or service information
You entered in the request form; however, no information You input
in the fields calling for Your personally identifiable information
will be posted. You hereby acknowledge that neither WeddingDeal.com
nor any of its service providers has or shall have any liability
for how the Site is used, what information is posted or accessed,
or what products or services are made available through the Site.
WeddingDeal.com may, at it's sole discretion, add or delete features
or services. WeddingDeal.com reserves the right to resize any
photo You upload.
RELEASE. Because WeddingDeal.com is not involved in the
actual transaction between Buyers and Sellers, in the event of
a dispute between You and any Sellers or other Buyers, for any
reason, You agree not to make any claim or demand against, or
seek any remedy or relief of any kind from WeddingDeal.com or
our officers, directors, agents or employees. You release WeddingDeal.com
and our officers, directors, agents or employees from claims,
demands, and damages (actual or consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way connected with such
disputes.
WEDDINGDEAL.COM'S PROPRIETARY RIGHTS. You acknowledge
and agree that the Site and any necessary software used in connection
with the Site contains proprietary and confidential information
that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that content on the Site
or presented to You through the Site is protected by laws relating
to copyrights, trademarks, patents or other proprietary rights.
Except as expressly authorized by WeddingDeal.com, You agree not
to modify, sell, distribute or create derivative works based on
the Site or software, in whole or part.
UPGRADES, SUPPORT AND NOTICES. From time to time, WeddingDeal.com
may (and has the right to) send You information and offers about
upgrades, documentation, special announcements and other services
offered by WeddingDeal.com. Notwithstanding the foregoing, under
no circumstances will WeddingDeal.com have any obligation to provide
You with upgrades, enhancements, modifications, or support for
the Site.
INDEMNITY. You agree to indemnify and hold WeddingDeal.com,
its parents, subsidiaries, affiliates, officers, employees, and
service providers harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of the following: Your use of the Site, use of Your
account by any third party, the purchase or use of products or
services offered by the Sellers, the quality, quantity, customer
service, delivery, safety, price, legality, or lack thereof, of
those products or services, or the violation of this Agreement
by You or the infringement by You, or any third party using Your
account, of any intellectual property or other right of any person
or entity.
WARRANTY DISCLAIMER. YOU USE THE SITE AT YOUR
OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
WEDDINGDEAL.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO THE SITE,THE SERVICES OR ANY CONTENT ON THE SITE OR
ANY PRODUCTS OR SERVICES OFFERED ON THE SITE, OR THE IDENTITY,
RELIABILITY, TRUSTWORTHINESS, REPUTATION, CREDITWORTHINESS OR
LEGITIMACY OF ANY USER OF THE SITE, AND HEREBY DISCLAIMS ANY IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WEDDINGDEAL.COM
MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; WEDDING DEAL.COM ASUMES NO RESPONSIBILITY
FOR THE DELETION OF OR FAILURE TO STORE YOUR CONTENT. NOR DOES
WEDDINGDEAL.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF WEDDINGDEAL.COM OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH WEDDINGDEAL.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WEDDINGDEAL.COM
IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL
AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM OR THROUGH WEDDINGDEAL.COM SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WEDDINGDEAL.COM
BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF, OR THE FAILURE
OR INADEQUACY OF, ANY PRODUCTS OR SERVICES OFFERED OR OBTAINED
THROUGH USE OF THE SITE, OR THE FAILURE OF ANY TRANSACTION TO
CONCLUDE TO THE SATISFACTION OF ANY PARTY THERETO, OR THE FAILURE
OF ANY PARTY TO DELIVER OR PAY FOR PRODUCTS OR SERVICES. IN NO
EVENT SHALL WEDDINGDEAL.COM BE LIABLE FOR LOST PROFITS OR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE USE OR THE
INABILITY TO USE THE SITE OR THIS AGREEMENT HOWEVER ARISING, INCLUDING
NEGLIGENCE, OR ANY COST TO PROCURE OR REPLACE GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH WEDDINGDEAL.COM, OR FOR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO OR RESULTS FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLE DAMAGES, EVEN IF WEDDINGDEAL.COM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU
OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT
OF FEES YOU PAY WEDDINGDEAL.COM IN THE MONTH THE CAUSE OF ACTION
AROSE.
GENERAL. This agreement constitutes the entire
agreements between You and WeddingDeal.com. The rights and obligations
of the parties under this Agreement shall not be governed by the
1980 U.N. Convention on Contracts for the International Sale of
Goods; rather such rights and obligations shall be governed in
all respects by the laws of the State of Virginia, USA without
regard to its conflict of law provisions. The state and federal
courts located in Fairfax County, Virginia will have exclusive
jurisdiction and venue over all controversies in connection with
this Agreement, and You consent to such exclusive and personal
jurisdiction and venue. This Agreement is in the English language
only, which language shall be controlling in all respects, and
all versions hereof in any other language shall not be binding
on the parties hereto. All communications and notices to be made
or given pursuant to this Agreement shall be in the English language.
The failure of either party to exercise in any respect any right
provided for herein shall not be deemed a waiver of any further
rights hereunder. If any provision of this Agreement is found
to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable.
This Agreement is not assignable, transferable or sublicensable
by You without WeddingDeal.com's prior written consent. WeddingDeal.com
may assign this Agreement in whole or in part. No agency, partnership,
joint venture, or employment is created as a result of this Agreement
and You do not have any authority of any kind to bind WeddingDeal.com
in any respect whatsoever. Headings are for convenience only and
have no legal or contractual effect and in no way define, limit,
construe or describe the scope or extent of such section. All
notices under this Agreement shall be in writing and shall be
deemed to have been duly given when posted on the Site or if receipt
is electronically confirmed, or if transmitted by facsimile or
email or upon receipt, if sent by certified or registered mail,
return receipt requested.
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