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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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