Weddings and Events Mall Terms of Purchase
Terms of Purchase
TERM AND RENEWAL Your Agreement with WeddingAndEventsMall, Inc. (together with its affiliates, "WeddingAndEventsMall") will last for the term (the "Term") specified below, unless otherwise specified in your ordering documents (the "Term").
If You purchase a Professional, Featured, and/or Spotlight Membership(s): WeddingAndEventsMall's Professional, Featured, and Spotlight Memberships last for 12 months from the start date on a month to month basis. There is not contract (unless otherwise agreed upon for discounted rates) and service can be cancelled at any time. Unless you state your intention for renewal, your spot can be given to someone else in your category after your time is up.
For new WeddingAndEventsMall Customers purchasing a Professional, Featured or Spotlight Membership you may terminate that membership at any time by giving written notice to your Sales or Customer Success representative stating your intent to cancel no earlier than 30 days from the date you intend on cancelling your service.
In the event of such Customer's termination of a Professional, Feature or Spotlight Membership, WeddingAndEventsMall will provide a pro-rated refund of any memberships that are paid-in-full; for all other payment plans (if applicable), your membership will continue until immediately prior to your next scheduled billing date, at which point you will not be billed, your listing will move to a Lite status, and you will no longer receive the benefits of premium membership.
WeddingAndEventsMall may terminate this Agreement for cause upon five (5) days written notice to Customer of a breach of this Agreement. WeddingAndEventsMall may terminate this Agreement, with such termination to be effective on five (5) days notice, if the Customer provides products or services that are competitive to WeddingAndEventsMall or its affiliates. In the event of any termination or expiration of this Agreement, WeddingAndEventsMall shall retain the right to keep any and all reviews of Customer posted on the WeddingAndEventsMall Website(s) (the "Site") as well as basic directory information of Customer associated with such reviews, including without limitation, business name, address, and telephone number.
WeddingAndEventsMall is continually evolving. There is no guaranty that during the Term any third-party partners that belong to the WeddingAndEventsMall team will remain the same. Partners may be added or removed at any time without notice to Customer.
PRODUCT UPGRADES AND CHANGES WeddingAndEventsMall is constantly reviewing its product and service offerings to strive to provide its Customers with the best suite of options available. WeddingAndEventsMall retains the right to revise its product and/or service offerings, including the tools made available to you, at any time for any reason including without limitation to comply with any applicable law or regulation.
WeddingAndEventsMall reserves the right to refuse display of, and to take down at any time after display of, a Customer's ad if, in WeddingAndEventsMall's sole discretion, the content of the ad is deemed to be in violation of this Agreement, or disparaging, inappropriate and/or competitive to WeddingAndEventsMall.
CUSTOMER RESPONSIBILITIES REGARDING OTHER SERVICES Customer is responsible for operation of any other tools or services provided by WeddingAndEventsMall to Customer, including keeping current its business and contact information, sending information and responding to client or prospective clients. WeddingAndEventsMall is not responsible for the content of any contracts, communications, or interactions (the "Interactions") between Customer and its clients using WeddingAndEventsMall tools or services and shall have no liability for such Interactions. Further, WeddingAndEventsMall is not responsible for any losses Customer may incur as a result of relying on information provided to Customer by its clients or other third parties, whether or not such information was provided via the Site and even if WeddingAndEventsMall was advised of the possibility of such losses.
GENERAL PAYMENT TERMS Customer may purchase products and/or services here-under in a variety of ways including: (i) self-service checkout; (ii) email sales quote; (iii) providing a credit card while on the phone with a WeddingAndEventsMall sale representative; or (iv) a signed order form. By completing the purchase transaction, Customer agrees to the terms of this Agreement and agrees to pay for the products and services provided by WeddingAndEventsMall with a valid credit card or check payment. Customer may not change the form of payment without WeddingAndEventsMall's consent. Payment shall be made in U.S. Dollars, unless otherwise specified in your ordering documents.
CHANGING ACCOUNTS AND/OR UPGRADING OR ADDING PRODUCTS & SERVICES Customer may add or upgrade additional products and/or services at any time by contacting Customer's WeddingAndEventsMall account manager or by accessing Customer's WeddingAndEventsMall self-service checkout features on the Web. Only individuals who are authorized users of the Customer account may request changes (including, without limitation, name changes, transfers of the account to a different entity, or termination of the account) to Customer account or additional products and services. Upgrades to existing products and services will be deemed as a new contract with a new Term with the pro-rated refund on the unused portion of the preexisting Term applied to the new contract as a credit. The term for any add-on products or services will be deemed to be co-terminus with the original product or service to which such add-on applies, unless otherwise specified in your ordering documents. The fees for new products and services will be based upon the then current, generally applicable fees.
NONTRANSFERABILITY OF PRODUCTS & SERVICES The products and/or services purchased are valid only for the Customer, and in the membership category and region specified at the time of purchase and may not be transferred either to a different customer or by the same Customer to a different category or region.
U.S. DOLLARS & U.S. TRADE REGULATIONS Customers in the U.S. will be billed in U.S. Dollars and subject to U.S. payment terms. In no event shall any transactions be in violation of U.S. trade regulations.
TAXES, NO REFUNDS Except as specifically provided in these Terms of Purchase, there shall be no refunds for products and/or services provided by WeddingAndEventsMall. All amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties). Customer shall pay all sales, use, VAT, excise, property or other taxes or levies which WeddingAndEventsMall is required to collect or remit to applicable tax authorities.
CREDIT CARDS (ONLY if paying by Credit Card)
If WeddingAndEventsMall is authorized by Customer to charge Customer's credit card and WeddingAndEventsMall is unable to process Customer's credit card, or if any fee is otherwise not paid on time, then WeddingAndEventsMall may revoke access to Customer's account.
If the Customer does not make payments on time based on their payment schedule, WeddingAndEventsMall's delinquency process is as follows: (i) Customer account is suspended and access is revoked; (ii) Customer has five (5) days to bring to current balance after notification (which may include email notice); (iii) After five (5) days, the account is terminated and Customer's access to Customer's WeddingAndEventsMall account is permanently revoked; and (iv) If Customer wants to reinstate Customer's account with WeddingAndEventsMall after termination, Customer must: (a) Pay the outstanding balance in full; and (b) Execute a three month agreement (paid in full) and fulfill the entire agreement.
If, for any reason, any fees Customer owes WeddingAndEventsMall have not been received or in any manner realized by WeddingAndEventsMall ("Unpaid Fees"), Customer agrees to pay such Unpaid Fees immediately. In addition, WeddingAndEventsMall may charge interest, in the lower amount of 2.0% per month (24% per annum) or the maximum amount allowed by law, on any unpaid account balance that Customer maintains. Any partial payments made by Customers will first be applied to the oldest, outstanding fees owed to WeddingAndEventsMall, including interest.
Customer, at any time during the Term, may buy out the remaining amount for such term with one-time payment equal to the remaining fee due for the remainder of the Term. Upon WeddingAndEventsMall receiving such payment, the Customer may choose to downgrade to a Lite Listing.
INCORRECT BILLING If Customer believes WeddingAndEventsMall has billed Customer incorrectly, Customer must contact WeddingAndEventsMall in writing no later than thirty (30) days after the Billing Date on the first billing statement in which the error or problem appeared.
DISPUTES AMONG MEMBERS; RELEASE Customer is solely responsible for its interactions with other WeddingAndEventsMall members and users, and WeddingAndEventsMall is not party to any such disputes. WeddingAndEventsMall reserves the right, but has no obligation, to monitor disputes between Customer and other members and/or users. Customer agrees to release WeddingAndEventsMall, its officers, directors, agents, affiliates, 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 Customer or its officers, directors, agents, affiliates, or employees, on the one hand, and any other WeddingAndEventsMall members and/or users, on the other hand. If Customer is or could be deemed a California resident, Customer waives 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."
NO AGENCY Customer hereby agrees and acknowledges that its provision of services and/or use of the Site does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with WeddingAndEventsMall and furthermore that no affiliation, association or connection exists between Customer and WeddingAndEventsMall. In no event shall you have authority to bind, commit, contract for, or otherwise obligate WeddingAndEventsMall in any manner whatsoever.
ENTIRE AGREEMENT This Agreement, including any documents incorporated by reference, shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation (not provided by WeddingAndEventsMall) shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void, unless otherwise agreed to by WeddingAndEventsMall in writing.
MODIFICATIONS The parties agree that this Agreement cannot be altered, amended or modified, except by a writing signed by an authorized representative of each party.
NO WAIVER No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
SEVERABILITY AND REFORMATION Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
GOVERNING LAW This Agreement is governed by the laws of the State of Florida ("Governing Law"), without regard to principles of conflict of laws of any state or jurisdiction.
ARBITRATION Disputes between Customer and WeddingAndEventsMall regarding the Site and WeddingAndEventsMall's services should be reported to info@WeddingAndEventsMall.com. WeddingAndEventsMall will attempt to resolve any disputes you have with us. Because WeddingAndEventsMall is a neutral venue, WeddingAndEventsMall is not responsible for resolving any disputes between Customer and other WeddingAndEventsMall members and/or users regarding services or transactions. Any claim or controversy arising out of or relating to your use of the Site, to the goods or services provided through WeddingAndEventsMall, this Agreement, or to any acts or omissions for which you may contend WeddingAndEventsMall is liable, including but not limited to any claim or controversy as to arbitrability (in any case, a "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 the State of Florida (the "Place of Jurisdiction"). The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding Florida selection of an arbitrator be in effect, the Customer shall select an arbitrator from a panel of arbitrators acceptable to WeddingAndEventsMall. 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 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 the Place of Jurisdiction. 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. Customer and WeddingAndEventsMall agree to arbitrate solely on an individual basis, and that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, regardless of the nature of the dispute or issues involved, and may not otherwise preside over any form of a representative or class proceeding.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN CUSTOMER AND WeddingAndEventsMall WILL BE RESOLVED BY BINDING ARBITRATION. CUSTOMER HEREBY GIVES UP ANY RIGHT TO GO TO COURT TO ASSERT OR DEFEND ITS RIGHTS. CUSTOMER ALSO GIVES UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTION LAWSUITS. CUSTOMER'S RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. Customer is 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 WeddingAndEventsMall's goods and services or the Site, Customer consents to these restrictions.
In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force. Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between Customer and WeddingAndEventsMall, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state courts sitting in the Place of Jurisdiction and federal courts sitting in the Place of Jurisdiction. 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.
WARRANTY EXCLUSION THE PRODUCTS AND/OR SERVICES PROVIDED BY WeddingAndEventsMall ARE PROVIDED "AS IS", "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, WeddingAndEventsMall DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE PRODUCTS AND/OR SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS (THE "FORCE MAJEURE EVENTS"), INCLUDING, WITHOUT LIMITATION, WARS, TERRORIST ATTACKS, STRIKES, RIOTS, EARTHQUAKES, HURRICANES, TORNADOES, VOLCANOES, MAJOR WEATHER EVENTS, INTERNET CONGESTION, ATTACKS ON OR FAILURE OF INFRASTRUCTURE, TROJAN, VIRUS OR MALWARE, AND DENIAL OF SERVICE (DOS) ATTACKS. WeddingAndEventsMall IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM ANY FORCE MAJEURE EVENT.
LIMITED LIABILITY IN NO EVENT SHALL WeddingAndEventsMall, OUR EMPLOYEES, OR OUR SUPPLIERS BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR INDIRECT DAMAGES, LOST PROFITS, ANY SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, FOR USE OF ANY COUPONS OR OTHER PROMOTIONAL DISCOUNTS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION CONTAINED ON THE SITE, 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. WeddingAndEventsMall's LIABILITY, AND THAT OF OUR EMPLOYEES AND SUPPLIERS, TO CUSTOMER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF THE AMOUNT OF FEES YOU PAY TO WeddingAndEventsMall IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR $100, NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
REPRESENTATION AND WARRANTY The person consenting to this Agreement represents and warrants that: (1) such person has authority to enter into it on behalf of Customer; (2) Customer's entering into this Agreement does not violate any other rights, obligations, regulations or laws; (3) Customer has obtained all necessary rights for any content that it provides to WeddingAndEventsMall and that WeddingAndEventsMall's use of such content will not be defamatory or harassing or violate any third party rights, including rights of publicity, privacy, and intellectual property rights, or violate any law or regulation; and (4) any user with access to Customer's account shall be deemed an authorized user of such account. WeddingAndEventsMall reserves the right to rely on the representations and warranties made by any user of Customer's account when providing the services to Customer.
INDEMNITY Customer agrees to indemnify and hold WeddingAndEventsMall 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 Customer's use of the Site, or its violations of its representations, warranties or obligations under the Agreement.
LANGUAGE The parties have expressly agreed that this agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language.