Last Updated: January 1, 2017
Please read this Agreement carefully before using the EnGAYged Weddings Sites. This Agreement governs Your access and use of Our Sites. By accessing or using Our Sites or by downloading any materials from Our Sites, You signify Your acceptance of the following Agreement. If You do not accept any of the terms within this Agreement, please refrain from further use of Our online services and Sites.
Notification of Agreement Changes
EnGAYged Weddings reserves the right to amend the Agreement from time to time without notice. All modified terms to this Agreement take effect immediately after posting to Our Sites. We encourage You to review this Agreement periodically because any changes will be binding on You. This Agreement may not be modified, amended, or changed by You in any manner.
You can determine when this Agreement was last revised by referring to the "Last Updated" legend at the top of this page. Your continued use of Our online services constitutes Your acceptance of the Agreement and to any updates.
1. EnGAYged Weddings is a Neutral Venue
EnGAYged Weddings is an on-line community and on-line directory for the wedding industry. EnGAYged Weddings is not a wedding product, wedding service provider, wedding vendor, wedding referral service, or an agent representative. EnGAYged Weddings users ("Users") include prospective brides, grooms, newlyweds and their wedding guests (collectively, "Wedding Members") and companies and other third parties offering products and services related to weddings ("Vendor Members").
EnGAYged Weddings and Our Sites function solely as a neutral venue and on-line service where Wedding Members and Vendor Members may connect for a particular type of service or product. We are not involved in or a party to the actual transaction between Members. As a result, We have no control over the quality, accuracy, safety, or legality of the transactions that take place on Our Sites, the accuracy of listings, or the ability of Wedding Vendors to provide items or services and We are not responsible for the actions or inactions of Wedding Members or Vendor Members.
You acknowledge the following: EnGAYged Weddings does not provide any of the products or services advertised or offered by Vendor Members. We do not endorse any Vendor Member, nor do We guarantee the quality of their goods or services. Any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services offered through the EnGAYged Weddings Venue are not provided by Us and are specifically and solely between You and the Vendor Member.
Any transaction You enter into with a Vendor Member is strictly between You and the Vendor Member, and EnGAYged Weddings is not a party to that transaction. Any dispute You have with a Vendor Member is between You and the Vendor Member, and We will not be a party to that dispute.
You should use EnGAYged Weddings as a starting point for identifying vendors to provide the products and services You need for Your wedding, then conduct Your own research to ensure that vendors You choose to do business with are appropriate for You.
You acknowledge the following: EnGAYged Weddings will not endorse You or Your products or services. We are in no way responsible for assisting You in reaching an agreement with Wedding Members; nor are We responsible for assisting You in providing goods and services to Wedding Members. While all Wedding Members are required to give Us accurate information about themselves, We cannot and will not verify this information or guarantee the ability of Wedding Members to complete payment for any of the products or services You provide.
Any transaction You enter into with a Wedding Member is strictly between You and the Wedding Member, and EnGAYged Weddings is not a party to that transaction. Any dispute You have with a Wedding Member is between You and the Wedding Member, and We will not be a party to that dispute.
After EnGAYged Weddings and the Vendor Member have terminated their relationship, EnGAYged Weddings shall be entitled to retain all Personal Information associated with a Vendor Member on Our Sites as well as basic directory information, including, without limitation, business name, address and telephone number.
3. Requirements for EnGAYged Weddings Membership
Our services are not available to minors or to temporarily or indefinitely suspended Members. Membership in EnGAYged Weddings is void where prohibited. If You are registering as an individual, You represent and warrant that You are at least 18 years of age and are able to enter into a legally binding contract.
- Your EnGAYged Weddings Membership may not be transferred or sold to another party
- If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement
- Members who engage in the sale of goods and services must have a valid business operations license, as applicable
By Becoming a Member of EnGAYged Weddings, You Agree to:
(i) provide Us with accurate, complete information about yourself and to update this information as needed; (ii) abide by all of the terms and conditions of this Agreement (iii) safeguard Your username and password for the forum (if applicable); and (iv) be responsible for all activity of Your membership account. In addition, in the event You contact EnGAYged Weddings via telephone, You understand, acknowledge and agree that such phone conversations may be recorded.
Prohibited Activities. Users and Members of Our Sites May Not:
- Create an account in another's name
- Create more than one account
- Use another's account
- Impersonate another person or entity
- Use Our Sites to break the law or applicable regulations, encourage others to do so, or offer instructions on how to do so
- Offer to provide products or services that violate any applicable law, statute, ordinance or regulation (collectively "Laws"), or offer any products or services in a manner that violates any Laws
- Conduct any type of sweepstakes, promotion or contest without Our consent and without posting official rules
- Collect or harvest information about Sites Members, including but not limited to use of robots, spiders, or similar means
- Use information on Our Sites to send unsolicited email to Members
- Do anything that interferes with or places an undue burden on Our Sites (as determined by EnGAYged Weddings in Our sole discretion)
- Use Our Sites if Your membership has been temporarily or permanently suspended or revoked
- Violate any terms of this Agreement
4. Submitting Feedback to EnGAYged Weddings Regarding Vendor Members
Wedding Members may contact EnGAYged Weddings with feedback regarding their experience with wedding vendors whether positive, neutral, or negative, for any Vendor Member. The Wedding Member submitting the feedback to EnGAYged Weddings must have either interacted or contracted business with the Vendor Member. By submitting feedback, You agree that feedback is subject to compliance audit by the EnGAYged Weddings Compliance Team at any time.
5. Right to Reject or Remove Members
We reserve the absolute right to reject Your participation, or remove You from Your current participation, in the EnGAYged Weddings Sites at any time and for any reason or for no reason and without notice to You. Actions that may result in the rejection or removal of Your participation can include, but are not limited to: any violation of the Terms of this Agreement; Your creation, maintenance and/or management of more than one account; Your non-payment in full any Unpaid Fees; any attempt by You to improperly influence, or cause another to improperly influence the feedback of Members; or any attempt by You to harass, or cause another to harass, or have inappropriate communications with a Member.
6. Petition for Reinstatement
Upon Your removal from Our Sites, You may petition for reinstatement. Your petition for reinstatement must include the following: (i) a written statement as to why You should be reinstated and (ii) Your contact information. Your Petition will be reviewed at Our discretion and any determination as to Your reinstatement will be based on Our sole judgment. Your submission of a petition does not, in any manner, guarantee, that You will be reinstated and We specifically disclaim any and all representations with respect to any such guarantee. We will contact You as to Our decision to reinstate You. We are not obligated to give You any reason or basis as to Our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
There are currently NO minimum fees to join EnGAYged Weddings Forum or to use the EnGAYged Weddings Directory for Wedding Members or Vendor Members. "Free Trial" or "Reciprocal" or other unpaid Vendor Memberships may be offered by EnGAYged Weddings periodically. These unpaid Vendor Memberships do not guarantee any advertising placement or other benefits. EnGAYged Weddings reserves the right to modify the terms of or cancel any such unpaid Vendor Memberships. Optional fee-based services are available but participation is NOT mandatory. See below for details.
Wedding Members' Fees
There are currently no fee-based services for a large portion of the EnGAYged Weddings services. EnGAYged Weddings may offer optional fee-based functionality/services, which may include services provided by third parties and Your use of such functionality/services shall be subject to any applicable additional terms and conditions which may include the third parties' terms and conditions.
Vendor Members' Fees
Vendor Members may opt into additional paid services ("Advertising Subscriptions"). EnGAYged Weddings may list the prices for these Advertising Subscriptions on Our Sites, but We reserve the right to change these prices and to offer discounts and temporary promotions.
EnGAYged Weddings Advertising Subscriptions Terms:
- We speak to all of Our Vendor Members before we approve them for an Advertising Subscription
- We reserve the right to refuse to approve any Advertising Subscription at Our sole discretion
- Custom built advertisements will not be created until payment has been received in full or a payment plan has been entered into by the Vendor Member through PayPal
- Refunds will be issued back through the payment method used by the Vendor Member in the original transaction
- The payment remitted covers the cost of creating Your custom built listing and has nothing to do with the length of Your Advertising Subscription term. A shorter Advertising Subscription term does not equate to a lower price because it will take us the same amount of time and effort to build Your custom listing
- Advertising Subscriptions may not be cancelled for a refund after the listing has been started. Advertising Subscriptions are considered to be started once the Vendor Member's business name and contact information are visible on Our Sites
- Listings are not transferrable
- We will make the following critical updates for free at any point during the Vendor Member's Advertising Subscription: Contact Name, Phone Number, email Address, Address, and Website Address ("Critical Information")
- For the first 30 days that a Vendor Member's Advertising Subscription is live We will make any edits or updates requested by the Vendor Member
- After a Vendor Member's Advertisement Subscription has been live for 30 days updates other than Critical Information will require additional fees
Charged in Error
In the event that You believe that EnGAYged Weddings has charged You in error, You must contact EnGAYged Weddings Customer Services within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.
8. Authorization to Debit Accounts for PayPal Payment Plans
If applicable, based on the various optional payment plans for fee-based programs, You irrevocably and expressly authorize EnGAYged Weddings to debit any monies to the account that You have identified for EnGAYged Weddings through PayPal that You owe to Us.
You agree that it is Your responsibility to maintain a valid, non-expired credit card on file with PayPal while engaging in fee-based activities on Our Site. You agree that if You do not maintain a valid, non-expired card on file with PayPal during any billing attempt, You may be subject to interest and penalties as enumerated below. You irrevocably and expressly authorize EnGAYged Weddings to withhold any monies and/or debit any monies from any account that You have identified to EnGAYged Weddings through PayPal for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to EnGAYged Weddings.
We reserve Our rights to all actions and remedies in connection with any monies owed to EnGAYged Weddings. You will indemnify, defend and hold Us harmless for any claims, demands or causes of actions that We take toward any identified account pursuant to this Section.
9. Unpaid Fees
If, for any reason, any fees You owe EnGAYged Weddings have not been received or in any manner realized by EnGAYged Weddings ("Unpaid Fees"), You agree to pay such Unpaid Fees immediately. In the event that You do not pay for Your Unpaid Fees immediately EnGAYged Weddings reserves the right to pull Your advertising listing. Re-instatement of Your listing will incur additional charges.
EnGAYged Weddings reserves the right to waive or reduce the amount of any Unpaid Fees, penalties, or interest at any time. You also agree to pay any attorney fees, and other costs of collection incurred by Us with respect to any Unpaid Fees. You also consent and authorize us, in Our sole discretion, to make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
10. Disputes Among Members; Release
You are solely responsible for Your interactions with other EnGAYged Weddings Members, and We are not party to any such disputes. We reserve the right, but have no obligation, to monitor disputes between You and other Members. You agree to release EnGAYged Weddings, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between You and any other EnGAYged Weddings Members. If You are a California resident, You waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
11. Information You Submit
Our Sites offers the opportunity for Members to share information with other Members through message boards as part of the EnGAYged Weddings Community (the "Community"), Vendor Member advertisements and listings, and other means (any information submitted to Our Sites through any of these means, "Submitted Information"). By using these functions, You agree to abide by the terms of this Agreement and the Community Guidelines. EnGAYged Weddings reserves to itself the right but does not have the obligation to monitor posts made to the Community and other Submitted Information. Members are solely responsible for the content of their Submitted Information.
Our Sites acts as a passive conduit for any and all communication and/or distribution of information, and We do not control the Submitted Information of EnGAYged Weddings Members. We cannot and will not evaluate and We are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Submitted Information or for verifying the identity of the submitting Member. Like any information You obtain through the Internet, You should verify Submitted Information before acting upon it. EnGAYged Weddings is not responsible for any losses You may incur as a result of relying on Submitted Information, even if We were advised of the possibility of such losses.
By posting Submitted Information to any part of Our Sites, You automatically grant, and You represent and warrant that You have the right to grant, to EnGAYged Weddings an irrevocable, perpetual, non-exclusive, transferable, fully-paid-up, royalty-free, worldwide license (with the right to sublicense at multiple levels) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submitted Information for any purpose and in any format on or in connection with Our Sites, the EnGAYged Weddings business, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submitted Information, and to grant and authorize sublicenses of the foregoing. You acknowledge that EnGAYged Weddings may retain archived copies of Your Submitted Information and may continue to use Your Submitted Information in connection with any materials that were created prior to Your removal of Your Submitted Information, in accordance with the license described above.
Furthermore, by posting Submitted Information, You expressly represent and warrant the following: (i) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that You post on Our Sites; or (ii) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. You furthermore represent and warrant that all persons and entities connected with the Submitted Information, and all other persons and entities whose names, voices, photographs, likenesses, works, services and materials have been used in the Submitted Information or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Information and the rights granted herein.
You Agree that Your Submitted Information:
- Will not contain Your personal information that You do not wish to be made public or to be displayed in accordance with the applicable settings that You indicate
- Will not contain another person's personal information or otherwise invade another's privacy
- Will not violate or possibly cause Us to violate any applicable law, statute, ordinance or regulation
- Will not violate the terms of this Agreement
- Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights
- Will not contain obscene, lewd, or suggestive content and or pornography
- Will not be libelous, threatening, harassing, racist, or defamatory. This specifically includes making legal claims of any sort about EnGAYged Weddings employees, agents, other members, or Our Sites
- Will not contain the proprietary information of another person or entity
- Will not contain any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of Our Sites or Our systems and or create or impose a large burden or load on Our Sites or systems
- Will not scan or test the vulnerability or security of Our Sites or the system within which it operates
- Will not be used for commercial or public purposes outside of the requirements of this Agreement. Specifically, Your Submitted Information may not be used to advertise the products or services of others and may not contain links to third-party web sites
- Will not create liability for EnGAYged Weddings in any manner whatsoever
- Will not involve the upload, or insertion of, any programming language or code into or onto, Our Sites
You further agree not to impersonate another Member or attempt to disguise or conceal the author of any Submitted Information. We reserve the absolute right, but do not have the obligation, to remove or restrict any Submitted Information for any reason or no reason at all, including but not limited to Submitted Information You post to Our Sites that is in violation of this Agreement or is otherwise inappropriate, as determined in EnGAYged Weddings' sole discretion. In addition, We reserve the right to terminate Members who violate these rules.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for and will indemnify Us from all damages incurred as a result of any of Your Submitted Information.
12. Additional Terms and Conditions
You acknowledge and agree that We have the sole discretion to set forth and post additional terms and conditions for Your use of Our Sites at various places throughout Our Sites including, but not limited to, fees associated with certain services or uses. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the Terms set forth herein, the additional terms and conditions shall govern.
13. Use of Content on the EnGAYged Weddings Sites
EnGAYged Weddings maintains these Sites for Your personal entertainment, information, education, and communication. You should assume that everything You see or read on our Sites (such as images, photographs, illustrations, texts, and other materials) ("Content") is the property of EnGAYged Weddings Inc. and its Wedding Members, Vendor Members, licensors, vendors, and partners ("Owner").
Without EnGAYged Weddings prior written permission, You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of Our Content in any way for any purpose, including using Our Content on any other website or in a networked computer environment for commercial purposes.
14. Protection of Intellectual Property Content
The EnGAYged Weddings Site contains or uses copyrighted material, inventions, know how, potentially patentable business method material, design logos, phrases, names, logos, HTML code and/or other computer code and/or scripts (collectively, "Intellectual Property Content"), all of which, unless otherwise indicated and/or provided pursuant to a third party license, are Our sole property, and We retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of Our Sites, including but not limited to its color combinations, sounds, layouts and designs.
You agree and acknowledge that Your use of Our Sites does not confer upon You any license or permission to use Our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, including but not limited to Submitted Information (as defined below) contributed by You or any other Member, or use Our Intellectual Property Content in any other way for public or commercial purposes. All other trademarks, service marks and copyrights are held by their rightful owners. You may not frame or link to Our Sites without Our prior written permission.
Our Sites contain trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us, including but not limited to EnGAYged Weddings, ENGAYGED, and the EnGAYged Weddings logo.
Unless otherwise agreed to in writing, You agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by You pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, Our right of title to or license of use for, the Marks, and You shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks or any similar marks in any manner that would diminish their value or harm their reputation.
If you want to include all or part of a EnGAYged trademark in a domain name, you have to receive written permission from Us. People naturally associate domain names with organizations whose names sound similar. Almost any use of a EnGAYged trademark in a domain name is likely to confuse consumers. You shall not use or register any domain name, trademark or service mark that is identical to or similar to any of the Marks.
15. DMCA Notice. Digital Millennium Copyright Act of 1998
We take claims of copyright infringement very seriously and are committed to helping You to protect Your intellectual property. We will respond to notices of alleged copyright infringement that comply with applicable law. It is EnGAYged Weddings' policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts and Memberships of Users who infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, EnGAYged Weddings will respond expeditiously to claims of copyright infringement committed using Our Sites that are reported to Us.
If You are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through Our Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to EnGAYged Weddings. Upon receipt of the Notice as described below, EnGAYged Weddings will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from Our Sites. DMCA Notice of Alleged Infringement ("Notice").
Reporting Claims of Copyright Infringement
If You (the "Complaining Party") believe any materials accessible on or from Our Sites infringe Your copyright, You may request removal of those materials from Our Sites by submitting written notification to Us. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on Our Sites, a representative list of such works.
- Identification of the material You believe to be infringing in a sufficiently precise manner to allow Us to locate that material.
- Adequate information by which We can contact You (including Your name, postal address, telephone number and, if available, e-mail address).
- A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that You are authorized to
act on behalf of the copyright owner.
If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective.
Please be aware that if You knowingly materially misrepresent that material or activity on Our Sites is infringing Your copyright, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
What if I Receive a Copyright Complaint (DMCA) Notification?
If You receive a notification that Your submitted content has been removed from Our Sites due to a copyright complaint, it means that the content has been deleted from Our Sites at the request of the content's owner. If Your Account receives too many copyright complaints, We will disable Your Account completely and Your fees will not be refunded.
For more information on what to do if you think a DMCA notice has been improperly filed, you may wish to consult the Chilling Effects website. If You believe content was removed from Our Sites in error, You have the option to file a counter-notice by following the steps below.
How to File a Counter-Notice. Your Counter Notice Must Include All of the Following Information:
- Your name, address, and telephone number.
- DMCA ID printed at the bottom of the notification email.
- The source address of the content that was removed (copy and paste the link in the notification email).
- A statement under penalty of perjury that You have a good faith belief that the content was removed in error.
- A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, for any judicial district in which You may be found, and that You will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person.
- A physical or electronic signature (for example, typing Your full name).
The DMCA allows Us to restore the removed content if the Complaining Party filing the original DMCA Notice does not file a court action against You within ten business days of receiving the copy of Your Counter-Notice. Please be aware that if You knowingly misrepresent that material or activity on Our Sites was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is Our policy in appropriate circumstances to disable and/or terminate without refund (if applicable) the Memberships or Advertisement Subscriptions of Users who are copyright infringers.
16. Trademark Infringement
We take claims of trademark infringement very seriously and are committed to helping You to protect Your intellectual property. We will respond to notices of alleged trademark infringement that comply with applicable law. It is EnGAYged Weddings' policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts and Memberships of Users who infringe or are repeatedly charged with infringing the trademarks or other intellectual property rights of others.
Reporting Claims of Trademark Infringement
If You (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which You hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of Your country; state registrations and registrations on the Supplemental Register are NOT considered valid for these purposes), EnGAYged Weddings requests that the Complaining Party substantiate such claim by providing Us with the following information.
To Be Considered Effective, a Notification of a Claimed Trademark Violation Must Include the Following Information:
- The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including registration number.
- The jurisdiction or geographical area to which the mark applies.
- The name, post office address and telephone number of the owner of the mark identified above.
- The goods and/or services covered by or offered under the mark identified above.
- The date of first use of the mark identified above.
- The date of first use in interstate commerce of the mark identified above.
- A description of the manner in which the Complaining Party believes its mark is being infringed upon.
- The precise location of the infringing mark, including electronic mail address, etc.
- A good faith certification, signed under penalty of perjury, stating: The content of the website [identify website] infringes the rights of another party, The name of such said party, The mark [identify mark] being infringed, and That use of the content of the website claimed to be infringing at issue is not defensible.
Upon receipt of the appropriate information identified above, for trademark claims, EnGAYged Weddings will initiate an investigation. If EnGAYged Weddings concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from Our Sites. If EnGAYged Weddings concludes that the Complaining Party has not raised a legitimate trademark claim or if it is not clear whether the Complaining Party has raised a legitimate trademark claim, EnGAYged Weddings may restore access to the challenged material.
It is Our policy in appropriate circumstances to disable and/or terminate without refund (if applicable) the Memberships or Advertisement Subscriptions of Users who are trademark infringers.
EnGAYged Weddings may suspend or terminate Your Memberships or Advertisement Subscriptions if We suspect that You have engaged in fraudulent activity in connection with Our Sites, as determined in Our sole discretion.
18. Changes to Sites
Our Sites offers several tools to Members (collectively, "Member Tools"), some of which are provided by third parties. EnGAYged Weddings is not responsible for the availability, suitability or effectiveness of any of these Member Tools, whether provided by a third party or not.
In addition, We are not responsible for any data You lose as a result of a malfunction of the Member Tools or Our Sites or for any other reason or any consequential damages resulting from such data loss. You should ALWAYS keep a back-up copy of all such information on Your computer and in hard copy.
EnGAYged Weddings reserves the right to modify or discontinue any Member Tools or other services provided on Our Sites at any time without warning.
19. No Agency
You hereby agree and acknowledge that Your provision of services and/or Your use of Our Sites, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with Us and furthermore that no affiliation, association or connection exists between You and us. In no event shall You have authority to bind, commit, contract for, or otherwise obligate EnGAYged Weddings in any manner whatsoever.
As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, We may disclose to You or You may otherwise learn of or discover, Our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of Our business ("Our Information"). You hereby agree and acknowledge that any and all of Our Information is confidential and shall be Our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, You acknowledge that Our information is proprietary, confidential and extremely valuable to us, and that We would be materially damaged by Your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that We shall be entitled to injunctive relief.
21. Record Keeping/Audit
We reserve the right to keep all records of any and all communications between You and other Members for administration purposes.
We always want to receive messages and feedback from EnGAYged Weddings Members and welcome any comments regarding Our Sites. However, please be aware that any ideas, suggestions comments or proposals You send to EnGAYged Weddings (collectively, "Submissions") are non-confidential, shall become the sole property of EnGAYged Weddings, and You hereby assign all right, title and interest in such Submissions. To the extent Submissions cannot be assigned to EnGAYged Weddings, You hereby grant and agree to grant to EnGAYged Weddings all rights needed for EnGAYged Weddings to incorporate and commercialize the Submissions at no charge or encumbrance to EnGAYged Weddings and You agree that EnGAYged Weddings may disclose the Submissions to any third party in any manner and You agree that EnGAYged Weddings has the ability to sublicense all Submissions in any form to any third party without restriction. EnGAYged Weddings shall own all rights therein, including all intellectual property rights. EnGAYged Weddings shall be entitled to use and/or disseminate the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, without compensation or credit to You.
Remedies for use of Our Sites that violate this Agreement include, but are not limited to, the immediate termination of Your membership, notifying Our Members of Your actions, issuing a warning (including a public warning), temporarily suspending Your membership, monetary compensation, and injunctive relief.
24. No Warranty
EnGAYged Weddings, Our employees, and Our suppliers provide Our Sites and the services thereon "as is" without any warranty of any kind, whether express, implied or statutory. Without limiting the foregoing, We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. EnGAYged Weddings further does not warrant that this site or any information, services or tools offered on this site will meet Your requirements, will be accurate, complete or current, or will give accurate, complete or current results; that operation of Our Sites, including tools or other services offered on Our Sites, will be timely, secure, uninterrupted, or free from error or omission or free from viruses or other harmful components; or that any errors on Our Sites will be corrected. EnGAYged Weddings does not represent or warrant that data You store on Our Sites (for example, in connection with tools) will be secure, available or preserved. EnGAYged Weddings does not represent or warrant that all tools or other services on Our Sites will continue to be offered.
Your use of Our Sites is at Your own risk. EnGAYged Weddings does not warrant or represent that Our Content is accurate, error-free, truthful or reliable or that Your use of such material will not infringe rights of third parties. EnGAYged Weddings does not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. EnGAYged Weddings reserves the right to correct any errors on this website, including pricing errors (in which case You will be given the option to cancel Your order). If Your use of Our Sites or Our Content results in the need for servicing or replacing property, material, equipment or data, EnGAYged Weddings is not responsible for those costs. Without limiting the foregoing, everything on Our website is provided to You "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EnGAYged Weddings MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THESE SITES, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE SITES. EnGAYged Weddings does not make any representation about the quality of any product, services, information or other material purchased or obtained by You via use of this website. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to You.
26. Limitation of Liability
Neither EnGAYged Weddings nor any other party involved in creating, producing, or delivering this website shall be liable for any direct, special, incidental, consequential, or indirect damages resulting from Your access to, or use of, or inability to use Our Sites and Our Content, whether based on warranty, contract, tort or any other legal theory, and whether or not EnGAYged Weddings is advised of the possibility of such damages.
In no event shall EnGAYged Weddings, Our employees, or Our suppliers be liable to You or anyone else for direct, indirect damages, lost profits, any special, incidental or consequential damages, or damages of any kind whatsoever arising out of or relating to the use of or inability to use Our Sites, for use of coupons, or for any decision made or action taken by You in reliance on information contained on Our Sites, whether in an action for breach of warranty or contract, negligence or other tortious action, and notwithstanding the failure of essential purpose of any remedy. Our liability, and that of Our employees and suppliers, to You or any third parties in any circumstance is limited to the lesser of the amount of fees You pay to Us in the 12 months prior to the action giving rise to liability or $100, notwithstanding the failure of essential purpose of any remedy.
Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to You.
You agree to indemnify and hold Us and Our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising in any manner in whole or in part out of Your use of Our Sites, including but not limited to (i) Your advertising, provision of or failure to pay for goods or services promoted on Our Sites; and (ii) claims that any of Your Submitted Information includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party.
28. Links to Other Sites
The EnGAYged Weddings Sites contain links to other sites which are provided solely as a convenience to You, or which are provided by other Members. EnGAYged Weddings is not responsible for the availability of external sites or resources linked to Our Sites, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between You and such third-party sites are strictly between You and the third party and are not the responsibility of EnGAYged Weddings. Because EnGAYged Weddings is not responsible for the availability or accuracy of these outside resources or their contents, You should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
29. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of Our service and Your listing, shipping, transporting, and solicitation of offers to ship and transport items.
30. Governing Law; Venue and Jurisdiction
BY VISITING OR USING OUR SITES, YOU AGREE THAT THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS OF ANY STATE OR JURISDICTION, WILL GOVERN THESE TERMS AND ANY DISPUTE OF ANY SORT THAT MIGHT ARISE BETWEEN YOU AND ENGAYGED WEDDINGS OR ANY OF OUR AFFILIATES. WITH RESPECT TO ANY DISPUTES OR CLAIMS NOT SUBJECT TO ARBITRATION (AS SET FORTH BELOW), YOU AGREE NOT TO COMMENCE OR PROSECUTE ANY ACTION IN CONNECTION THEREWITH OTHER THAN IN THE STATE AND FEDERAL COURTS OF FLORIDA, AND YOU HEREBY CONSENT TO, AND WAIVE ALL DEFENSES OF LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS WITH RESPECT TO, VENUE AND JURISDICTION IN THE STATE AND FEDERAL COURTS OF FLORIDA.
Disputes between You and EnGAYged Weddings regarding Our Sites and Our services should be reported to EnGAYged Weddings. We will attempt to resolve any disputes You have with us. Because We are a neutral venue We are not responsible for resolving any disputes between You and Members regarding services or transactions. Any claim or controversy arising out of or relating to Your use of this Site, to the goods or services provided through EnGAYged Weddings, this Agreement, or to any acts or omissions for which You may contend EnGAYged Weddings is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be conducted in Tampa, Florida. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding Florida selection of an arbitrator be in effect, the Member shall select an arbitrator from a panel of arbitrators acceptable to EnGAYged Weddings. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.
Any judgment upon an award rendered by the arbitrators may be entered in any court of competent jurisdiction in Tampa, Florida. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
This agreement provides that all disputes between You and EnGAYged Weddings will be resolved by binding arbitration. You thus give up Your right to go to court to assert or defend Your rights. You also give up Your right to participate in or bring class action lawsuits. Your rights will be determined by neutral arbitrators and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using EnGAYged Weddings' goods and services or Our Sites, You consent to these restrictions.
Should a dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between You and EnGAYged Weddings, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the State Courts sitting in Tampa, Florida and Federal Courts sitting in Tampa, Florida. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law.
The failure by EnGAYged Weddings to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of arbitration or litigation involving the enforcement or interpretation of this Agreement. You agree that other than affiliates or subsidiaries of EnGAYged Weddings, there are no intended third-party beneficiaries of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
Contacting EnGAYged Weddings