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TERMS & CONDITIONS for SELLERS


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., a Wisconsin limited liability company, 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 that may be able to meet their needs ("Sellers”). WeddingDeal.com is not involved in the actual transaction between Buyers and Sellers. Consequently, WeddingDeal.com cannot ensure that a transaction will occur. 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 is a venue for You to receive requests from interested Buyers. You understand that WeddingDeal.com does not guarantee sales or results. You may receive any number of requests a day, or may receive zero requests for products or services on any given day and possibly throughout Your participation in WeddingDeal.com.


REGISTRATION. You agree to provide true, accurate, current and complete information about Your business 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.

PRIVACY.  Solely to enable WeddingDeal.com to use the information You supply ("Your Information"), so that WeddingDeal.com and Buyers 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 information You submit to WeddingDeal.com as part of the registration process in any media now known or not currently known, with respect to Your Information. WeddingDeal.com will only use Your Information in accordance with our Privacy Policy. For more information, see our full Privacy Policy.


SELLER ACCOUNT.
("Your Account"). WeddingDeal.com reserves the right to approve or disapprove category selections to ensure that the leads provided to You are appropriate for Your business. WeddingDeal.com reserves the right to resize any photo You upload. You are responsible for all activities that occur under Your Account. 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 email or any other breach of security. WeddingDeal.com will not be liable for any loss or damage arising from Your failure to comply.


FEES. The WeddingDeal.com service for responding to Request For Quotes (RFQs) is FREE.  WeddingDeal.com may change the prices, payment terms, plans or other options at any time, at our discretion. WeddingDeal.com agrees to notify You of any proposed changes.


SELLER CONDUCT. You agree to respond personally and individually to each request and not to use third party automatic response mechanisms containing a standard message and/or a link to another Web site. You may include a link to Web sites operated by parties other than WeddingDeal.com as long as the response is not automated. You may include Your link as part of the optional fee based Enhance Profile service.  You also agree to abide by, and conform Your use of information You obtain from or about Buyers through the Site to the then current terms of WeddingDeal.com's Privacy Policy.


You agree to not use the Site:


a) for any purpose in violation of applicable local, state, national, or international laws;
b) in a manner that infringes on the intellectual property, privacy or publicity rights of others;
c) 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;
d) 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.
e) to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
f) to post improper responses as determined by WeddingDeal.com in its sole discretion;
g) to cross-sell other products or services or respond to requests with information that does not directly relate to the Buyer's request;
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 collect or store personal data about others except as necessary to complete transactions with Buyers;
k) 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 responses to Buyers and has the right (but not the obligation) in our sole discretion to deny any response 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.  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 Buyers 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.

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 Buyers or other Sellers, 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, and 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.


USE OF SELLER’S NAME. You acknowledge and agree that by participating in the Service, WeddingDeal.com shall have the right, without any compensation to You, to utilize the name of your business in WeddingDeal.com's promotions, press releases, public relations, advertisements, and/or other sales and marketing activities.


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 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, Service 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 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 Services or Site. WeddingDeal.com may, at it’s sole discretion, add or delete features or Services.


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 Your products or services, the quality, quantity, delivery, customer service, safety, price, legality, or lack thereof, of Your products or services, Your use of information about Buyers obtained via the Site, 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 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 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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