These Terms (the "Terms") describe the terms and conditions applicable to your use of the website https://wedding-realm.com and any of its functions (collectively, the “Site”), owned by Bridal Trousseau, LLC Doing Business As Wedding Realm ("WR", “We”, “we” or “us”). By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use this Site. WR reserves the right to amend these Terms from time to time without notice. All modified terms and conditions shall take effect immediately after posting to the Site. WR encourages you to review this page periodically because any changes will be binding on you. These Terms may not be modified, amended, and/or changed by you in any manner. These Terms supersede any prior terms of use and apply to all visitors, users, vendors (including, without limitation, venues), Gift Givers (as defined below) and others who use or access the Site (all of the foregoing, collectively “Users”).
Certain features that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. In addition, the Site is hosted or provided by our third-party host or service providers and are subject to additional terms and conditions of use, which are posted within those areas or on such third parties’ websites.
NOTE: THESE TERMS CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING ARBITRATION" SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE "BINDING ARBITRATION" SECTION BELOW.
SOME JURISDICTIONS, INCLUDING NEW JERSEY, HAVE CONSUMER PROTECTION AND OTHER LAWS THAT MAY APPLY TO THE SERVICES AND THAT DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT HEREIN IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.
Use of WR’s Site
The Site is a Neutral Venue
Certain areas of the Site provide a means for Users to explore, interact with other Users and book services offered by such Users (“Third-Party Services”). You acknowledge that the Site is a neutral venue and not a broker, and you are solely responsible for your interactions with other Users.
WR does not provide any Third-Party Services and shall not be a party to any agreement or transaction between Users. WR is not an agent or representative for any User. WR has no control over any User’s activities or Third-Party Services, including interactions between Users, and does not make any representations regarding the quality, accuracy or safety of any Third-Party Services. Likewise, WR has no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on our Site, the accuracy of listings, the ability of Wedding Vendors to provide items or perform services, the ability of Wedding Members to pay for any goods and services. WR makes no representations or warranties regarding any User. WR shall not be liable or responsible for the actions or inactions of Users. WR does not endorse any User.
You understand and agree that you must take all reasonable precautions before meeting others, communicating with others, negotiating any potential agreement or transaction with others, and entering into any agreement or transaction with others. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
Vendor Users and Wedding User
Users include companies and other third parties offering products and services related to Weddings ("Vendor Users"), and prospective brides, grooms and other individuals associated with wedding guests (“Wedding Users”).
WR may offer different plans to Vendor Users with different tiers of services and features available via the Site. However, WR will not endorse any Vendor User’s products or services. WR will not assist Vendor Users in negotiating terms or resolving any dispute with any Wedding User. Any terms in a separate listing agreement shall be part of these Terms and shall be binding upon the Vendor User. If there is a conflict between any terms on a listing agreement or these Terms, these Terms shall control with respect to such conflicting terms.
Vendor Users must provide all Wedding Users with true and accurate information regarding that Vendor User and keep such information current on the Site. Vendors must have all necessary licenses, authorizations, and credentials to offer their products or services on the Site. WR may require documentation for proof of the accuracy of any Vendor User information at any time, and such Vendor User must comply immediately or WR may remove such Vendor User from the Site indefinitely. For the sake of clarity, WR may, in our sole discretion, determine whether to keep active, transfer or terminate any Vendor User account, including all content previously associated with such account.
Vendor Users agree that all Wedding Members may share any and all information about the Vendor Users on the Wedding Members’ social media pages and any other website. WR shall not be responsible for any reviews, comments, statements or representations related to a Vendor User.
Wedding Users
WR shall not be responsible for any information displayed, advertised, shared or communicated by any Vendor User. WR cannot and shall not monitor or guarantee the accuracy of any information communicated by a Vendor User, or that any Vendor User is in full compliance with all applicable laws and regulations. WR does not endorse any Vendor User and does not guarantee the quality of any products or services provided by a Vendor User. Wedding Users must conduct their own research and investigation into each Vendor User to ensure their products or services are appropriate for the Wedding User’s needs or wishes.
Wedding Users Order Terms:
By using this site, Wedding Users agree to the below terms. “I” refers to the wedding user:
Vendor Users Terms:
By using this site, Vendor Users agree to the below terms. “You” refers to the vendor user:
Rules of Conduct
You may not:
You also must comply with all applicable laws and contractual obligations when you use the Site. You agree that you are not (i) located in, under the control of, or a national or resident of any country (a) subject to a United States (“U.S.”) government embargo, (b) that the U.S. government has identified as a "Specially Designated National" or “terrorist supporting” country or (c) on the U.S. Commerce Department's Table of Deny Orders, or (ii) listed on any U.S. government list of prohibited or restricted parties. Membership in, and use of, the Site is void where prohibited.
Ownership of Site Content and Submissions
We, our licensors, affiliates or partners own the intellectual property rights in the content and materials displayed on the Site (“Site Content”). You may use the Site only in accordance with the Terms. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Site Contents. Terms You may not use any trademarks, service marks or other marks similar to the WR trademarks and slogans identified on the Site. You may not reproduce any portion of the “look”, “feel”, “appearance” or “graphic function” of the site, including but not limited to its design, layout, images, or color coordination.
If you submit or post any materials or content to the Site, you grant us and our affiliates a non-exclusive, royalty free, fully paid-up, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the materials or content, (ii) prepare derivative works of the materials or content or incorporate the materials or content into other works,(iii) use such materials and content, including alterations thereof, in any form or media, and via any technology we choose, whether it exists now or is created in the future, and (iv) grant and authorize sublicenses of the foregoing in any media now known or hereafter created.
You represent that (i) any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights, (ii) the posting and use of your materials and content on or through the Site does not violate, misappropriate or infringe on the rights of any third-party, including, without limitation, privacy rights, rights of publicity, copyrights, trademark and/or other intellectual property rights, and (iii) such posts and the content contained therein abide by the Rules of Conduct set forth in these Terms.
You may choose, or we may invite you, to submit comments or ideas about the Site, including without limitation about how to improve the Sites or our services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place WR under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Idea, WR does not waive any rights to use similar or related ideas previously known to WR, developed by its employees, or obtained from sources other than you.
Responsibility for Public Postings and Content
You alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other User postings. We do not control the material that you or others may post or otherwise make available in such areas. You understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Our Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms.
Although Our Representatives may moderate content, conduct and Terms compliance on the Site at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will "take care" of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms violation.
Rating and Review Disputes.
If you undermine the integrity of our Rating and Review system in any way, your membership may be suspended or terminated. Each Vendor User acknowledges that your Rating and Review ("feedback") consists of opinions left by other WR members and a machine calculated feedback score. You further acknowledge that WR does not make judgments on the truth or accuracy of opinions, statements or other feedback.
Feedback Rules:
In order to protect the integrity of the Rating and Review system, WR will only consider removing a feedback item under the following scenarios:
Registration and Log In
To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site you will be required to log in using your username and password.
You agree to provide true, accurate, current and complete information about yourself or your company/entity, as the case may be, as prompted by the applicable registration or log-in form. You are responsible for keeping such information up to date (this includes your contact information, so that we can reliably contact you). Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for us to suspend or terminate your account and refuse service in the future. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
If you are a business (including a Vendor User) and experience a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all User reviews and other Site Content previously associated with such account.
Payments
Billing Policies. You are responsible for paying all applicable fees charged by a User in relation to any arrangement or agreement you enter into with such User.
WR fees and charges shall be paid in U.S. Dollars and are nonrefundable. All payments must be made by the methods specified on the Site. You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete and accurate, and notify WR if your selected payment method is cancelled. If you want to use a different debit or credit card, or there is a change in debit or credit card validity or expiration date, or if you believe someone has accessed the Site using your user name and password without your authorization, you must notify us in writing ASAP. You are responsible for any fees or charges incurred to access the Site through an Internet access provider or other third-party service. WR may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms.
No Refunds. You may cancel your Site account at any time; however, there are no refunds for cancellation.
Charges on Your Account. You are responsible for all charges incurred on your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any taxes imposed on your use of the Site or any services you engage through or in relation to the Site. To the extent WR is obligated to collect such taxes, the applicable tax will be added to your billing account.
Authorization; Payment Processing. You expressly authorize WR to debit or credit any monies from the payment method you have chosen. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Site; provided, however, that such notice will not affect charges submitted before WR could reasonably act. The vendor shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees.
Payment and Third-Party Payment Processors. Purchases made through the Site (including for any User-to-User Service) may be processed through a third-party payment processor or other payment service provider (each, a “Payment Processor”). All processing of payments shall be subject to the Payment Processor’s terms and conditions.
Disputes. You agree to contact the User who purchased or sold the goods or services directly with all inquiries regarding such purchased goods or services. WR has no obligation to handle or facilitate the handling of any disputes between Users. Any disputes directly with WR shall be handled in accordance with these Terms.
Booking Fees. If applicable, WR may collect a booking or other fee. Any such fees will be disclosed to you at your time of registration or at the time of booking.
Correcting Mistakes in Payments to Vendors and Customers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method of the applicable User account. Users will look solely to other Users to resolve any payment error made by such User, and WR will have no liability for such payment errors.
Automatic Membership Renewal (“Auto-Renew”). To the extent WR offers Users membership, such membership shall renew automatically. WR may offer you a membership. All memberships shall renew automatically on the anniversary of the membership purchase date. If you sign up, upgrade or renew your membership, you will be automatically entered into our auto-renew program. This means that we will charge your selected payment method at the start of each new membership term and during the membership term. In order to avoid billing of fees for the renewal term to your selected payment method, you must cancel your subscription before it renews.
You may cancel your membership by contacting WR through our Contact Page. If you are enrolled in a monthly or other periodic payment plan and you decide to cancel during the membership period, you acknowledge and agree that, unless otherwise agreed in writing, you may continue to be billed on a monthly or other applicable periodic basis until your originally scheduled membership expiration date.
Cash Gifting. WR may offer to you use a cash gifting feature on the Site in which a User may transfer money to another User (a “Cash Gifting Service”). Use of the Cash Giving Services indicates your agreement to the following terms:
Copyright Infringement & DMCA Notices
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials from the Site by submitting written notification to our Copyright Agent (designated below). 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 substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
Adriano Pacifici | Attorney
Apacifici@iplawconsulting.com
Intellectual Property Consulting, L.L.C.
400 Poydras Street, Suite 1400 | New Orleans, LA 70130
O: 504-322-7166
www.iplawconsulting.com
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 the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Completed Counter-Notices should be sent to:
Adriano Pacifici | Attorney
Apacifici@iplawconsulting.com
Intellectual Property Consulting, L.L.C.
400 Poydras Street, Suite 1400 | New Orleans, LA 70130
O: 504-322-7166
www.iplawconsulting.com
The DMCA allows us to restore the removed content if the 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 materially misrepresent that material or activity on the Site 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.
Changes to the Site
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms (including the Rules of Conduct). In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
Linking Policies
The Site may contain links to other websites or to third-party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site, you should read the terms of use and privacy policy that govern that particular linked site.
Privacy. Please see our Privacy Policy to learn about how we treat information We gather from you. Please be aware that Members, including Vendor Users, are not bound by our Privacy Policy except as specified therein. Therefore, you should carefully safeguard your personal information and check with Vendor Users to see how they treat information they gather from you. Furthermore, any materials or content provided by Vendor Users are stored on third-party servers.
Indemnification
You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your misuse or unauthorized use of the Site (including any User-to-User Service or WWCD), your submissions to the Site, or any violation of these Terms, or applicable law, by you or by someone accessing the Site via your account. You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to any claims arising from your interaction with any User.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and the termination of your use of the Site.
Jurisdictional Issues
We control and operate the Site from our facilities in the United States of America and, unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. We do not represent that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Applicable Law; No Waiver; Severability
These Terms, and the relationship between you and us, will be governed by the laws of the United States and the State of Connecticut, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions reflected in such provision, and the other provisions of these Terms will remain in full force and effect.
Binding Arbitration
Other than those matters described under ‘Exclusions from Arbitration’ below, you and we agree that all disputes, claims, or controversies arising out of or relating in any way to these Terms (including the validity, enforceability or scope of this Section), the Site or any content or services thereon (each, a "Dispute"), that cannot be resolved through negotiation in accordance with the ‘Notice of Dispute; Negotiation’ clause below, shall be settled by final binding arbitration, in accordance with the terms of this Section and to the extent permitted by law. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. You agree that the U.S. Federal Arbitration Act applies to these Terms.
Exclusions from Arbitration
YOU AND WE AGREE THAT ANY CLAIM FILED BY EITHER PARTY IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO THE ADDRESS ON WR’S CONTACT PAGE BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT INFORMATION, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Notice of Dispute; Negotiation
IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO LEGAL DEPARTMENT AT THE ADDRESS ABOVE TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.
You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If we do not resolve your Dispute within sixty (60) days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.
Initiation of Arbitration Proceeding
If you or we have a Dispute with such party elects to resolve through arbitration, the party initiating the arbitration proceeding shall initiate it with the American Arbitration Association ("AAA") under its rules and procedures, as modified by this Section. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings to the address on WR’s Contact Page.
You and we agree to treat the arbitration proceedings and any related discovery confidential. The terms of this Section govern in the event they conflict with the rules of the AAA.
Location of Arbitration
The arbitration proceedings shall be held in New Haven County, Connecticut, unless you can demonstrate that arbitration in New Haven County, Connecticut would create an undue burden to you. If you can demonstrate that arbitration in New Haven County, Connecticut would create an undue burden to you, we may allow you to initiate the arbitration in your home state.
Class Action Waiver
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE SPECIFICALLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
Severability
If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, the Dispute will be decided by a court, and you and we each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation
This Section shall survive any termination of the provision of the associated services to you.
Governing Jurisdiction
ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT OR, IF SUCH COURT WOULD NOT HAVE JURISDICTION OVER THE MATTER, THEN ONLY IN A CONNECTICUT COURT. EACH PARTY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THESE COURTS AND AGREES NOT TO COMMENCE ANY LEGAL ACTION UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS IN ANY OTHER COURT OR FORUM. EACH PARTY WAIVES ANY OBJECTION TO THE LAYING OF THE VENUE OF ANY LEGAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THE SUBJECT MATTER OF THESE TERMS IN THE FEDERAL OR STATE COURTS SITTING IN NEW HAVEN COUNTY, CONNECTICUT, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Disclaimer of Warranties
THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THE SITE, ITS CONTENT AND ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE DOCUMENT PROVIDED, DISPLAYED OR GENERATED BY WR, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER ABOUT YOUR SPECIFIC CIRCUMSTANCES, INCLUDING BEFORE STARTING ANY TREATMENT, MEDICAL OR OTHERWISE.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, OR FROM ANOTHER USER ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
Limitations of Liability
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT WILL WE OR ANY OF OUR SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Other
These Terms and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. These Terms is personal to you and you may not assign it to anyone.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms may only be invoked or enforced by you or us.
YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY (INCLUDING ANY RELEVANT STATUTES OF LIMITATION), ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.