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TERMS & CONDITIONS for CLASSIFIED AD USERS
THE FOLLOWING DESCRIBES THE TERMS OF SERVICE ON WHICH WEDDINGDEAL.COM
OFFERS YOU ACCESS TO THE CLASSIFIED ADS.
The Classified Ads (“Classifieds”) available at http://www.WeddingDeal.com
(the "Site") are owned and operated by Rubinoff Enterprises,
LLC, a Wisconsin limited liability company, doing business as
WeddingDeal.com ("WeddingDeal.com"), and are provided
to you ("You") under the following terms of service
(“Terms”). If You do not agree to be bound by the
Terms, do not use or access the Classifieds. WeddingDeal.com may
amend these Terms at any time by posting the amended Terms on
the Site. These Terms may not be otherwise amended except in writing
signed by You and WeddingDeal.com.
1. Acceptance of Terms of Service
By completing the “Post Your Own Ad!” (or similar)
process and clicking on the “Place Order” (or similar)
button, You agree to be bound by these Terms of Service and to
use WeddingDeal.com Classifieds in a manner consistent with all
applicable laws and regulations.
2. Registration Information/Privacy
WeddingDeal.com may disclose to third parties certain aggregate
information contained in your registration application. WeddingDeal.com
will not disclose your name, address, email address, telephone
number or billing information without your prior written consent,
except to the extent necessary or appropriate to comply with applicable
laws or in legal proceedings where such information is relevant.
WeddingDeal.com is intended for adult use only. Anyone under the
age of 18 is not permitted to participate in WeddingDeal.com or
Classifieds. WeddingDeal.com reserves the right to terminate Your
account or classified ad if false or misleading registration information
has been provided. By clicking on “I Agree” You certify
that You are 18 years old or older.
3. Modifications to these Terms of Service
WeddingDeal.com may modify these Terms of Service at any time
by posting the amended Terms on the Site. By clicking “I
Agree” You acknowledge that such posting constitutes reasonable
and adequate notice. Your continued use of WeddingDeal.com Classifieds
will signify your acceptance of any changes.
4. Modifications
WeddingDeal.com may, at it’s sole discretion, add or delete
features or services.
5. Content by Members
You alone are responsible for any content You post on WeddingDeal.com,
including but not limited to message board posts, chat participation,
homepages, classified ads and member profiles and the consequences
of any such content. You agree not to use WeddingDeal.com Classifieds
to post or distribute material (including but not limited to text,
graphics, video, programs or audio) that is unlawful, harassing,
libelous, abusive, threatening, harmful, bigoted, racially offensive,
obscene or otherwise objectionable, or that encourages conduct
that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national or
international law or regulation. You agree not 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 also agree not to impersonate any other person or entity,
including impersonating an employee or consultant of WeddingDeal.com.
Any images posted with a classified ad must be of the product
or service being sold or purchased.
You may be featured as a Featured Ad on WeddingDeal.com.
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.
WeddingDeal.com reserves the right to delete or remove any content,
and to terminate Your account if we become aware and determine,
at our sole discretion, that You are violating any of the foregoing
Terms, conditions or guidelines.
WeddingDeal.com reserve the right to excerpt any member content,
text or imagery, including but not limited to, text and images
in your Classified Ad, and feature it elsewhere on this Site.
WeddingDeal.com reserves the right to excerpt text quotes and
photographs from Classified Ads and feature them in ads, supplements
and content pages in any media.
6. Cancellations
You may cancel your classified ad at any time by clicking on the
link in your email receipt. Once your classified ad has been deleted,
it will no longer appear online and you will not be refunded.
All WeddingDeal.com classified ad fees are final sale and will
not be refunded.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
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 OR CLASSIFIEDS WILL MEET YOUR REQUIREMENTS OR WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; 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.
8. Member Content Storage
WeddingDeal.com assumes no responsibility for the deletion of
or failure to store your content.
9. Indemnification
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, the
violation of these Terms 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.
10. Termination of Classified Ad
WeddingDeal.com reserves the right to refuse classified ad posting
to anyone. WeddingDeal.com may terminate Your classified ad and
any and all information, communications, or postings at any time,
without notice, for conduct that violates these Terms or other
policies or guidelines set out by WeddingDeal.com, or for online
conduct that is harmful to other members, the business of WeddingDeal.com,
or other third-party information providers as determined by WeddingDeal.com
in its sole discretion.
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 Classifieds 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.
11. Legal Venue
The rights and obligations of the parties under these Terms 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
Wisconsin, USA without regard to its conflict of law provisions.
The state and federal courts located in Milwaukee County, Wisconsin
will have exclusive jurisdiction and venue over all controversies
in connection with these Terms, and You consent to such exclusive
and personal jurisdiction and venue.
12. Severability & Headings
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 these Terms are found to
be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that these Terms
shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable or sublicensable
by You without WeddingDeal.com's prior written consent. WeddingDeal.com
may assign these Terms in whole or in part. No agency, partnership,
joint venture, or employment is created as a result of these Terms
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.
13. Entire Agreement
These Terms constitutes the entire agreement between the parties
pertaining to the subject matter hereof (Classifieds), and supersedes
in their entirety any and all written or oral agreements previously
existing between the parties with respect to such subject matter.
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