UPDATED: January 18, 2016
Welcome to the WeddingAdvisor.com website (the “Website”). This Website is provided solely to assist customers in gathering information pertaining to the entire wedding experience beginning with the engagement, posting opinions of wedding related issues, engaging in interactive forums and for no other purposes. The terms “we”, “us”, “our” and “WeddingAdvisor” refer to WeddingAdvisor LLC, a New Mexico Limited Liability corporation. The term “you” refers to the “user” visiting the Website and/or contributing content on this Website. The term “vendor” or “vendors” refers to businesses listing the wedding services they offer. The term "Interactive Areas" refer to any areas on the site that allow you to post content to include our Forum.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (1) all information supplied by you on this Website is true, accurate, current and complete, (2) if you have a WeddingAdvisor.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (3) you are 13 years of age or older in order to register for an account and contribute to our website. WeddingAdvisor does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
USERS AND VENDORS
“You” or “Users” of WeddingAdvisor: You acknowledge the following: WeddingAdvisor does not provide any of the products or services advertised or offered by “vendors.” We only endorse “vendors” who enter into specific advertising contracts but do not 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 WeddingAdvisor are not provided by us and are specifically and solely between you and the “vendors.” Any transaction you enter into with a “vendor” is strictly between you and the “vendor”, and WeddingAdvisor is not a party to that transaction. Any dispute you have with a “vendor” is between you and the “vendor”, and we will not be a party to that dispute.
We use techniques to help verify the identity of “vendors” when they register their business on our site; however, WeddingAdvisor cannot and will not guarantee each service provider's identity; nor can we guarantee their capabilities. In addition, we cannot guarantee that information provided by or about “vendors” on the site is accurate. You should use WeddingAdvisor as a tool to search for a “vendor” for your wedding, then conduct your own research based on ratings and reviews to ensure that the “vendors” you choose to do business with are appropriate for you.
“Vendors”: You acknowledge the following: WeddingAdvisor will not endorse you or your products or services unless otherwise specified by an advertising or other agreement. We are in no way responsible for assisting you in reaching an agreement with “users”; nor are we responsible for assisting you in providing goods and services to “users.” While all “users” are required to give us accurate information about them, we cannot and will not verify this information or guarantee the ability of “users” to complete payment for any of the products or services you provide. Any transaction you enter into with a “user” is strictly between you and the “user”, and WeddingAdvisor is not a party to that transaction. Any disputes are between you and the “user”, and we will not be a party to that dispute. After WeddingAdvisor and the “vendor” have terminated their relationship, WeddingAdvisor shall be entitled to retain all ratings and reviews, submitted tips and ideas, blog post, pricing information and other informational material associated with a “vendor” on the site as well as basic directory information, including, without limitation, business name, address and telephone number.
The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose other than advertising your services;
- register any 3rd parties without prior written consent from that party that is sent to our support department;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by WeddingAdvisor in connection with the Website or the services
SECURE CREDIT CARD PAYMENTS
At no point will any credit card information be stored on our Website. All payments are processed through third party payment processor, Stripe. When you place an order through our Website using your credit card, your information is then encrypted and sent directly to Stripe’s network, where your card and transaction is authorized and approved. Your credit card information is not stored on our servers and it never passes through our Website. Therefore, we assume no responsibility for Stripe’s data collection and use practices.
You hereby give full authorization to WeddingAdvisor.com to establish automatic withdrawals from your credit card account. This authorization will remain in full force and effect, and will continue to occur on the date(s) indicated, until WeddingAdvisor.com receives written notification of this authorization’s termination in such time and in such manner as to afford WeddingAdvisor.com and the financial institutions involved a reasonable opportunity to act on it.
You promise to keep open and maintain an adequate available balance in the account to assure all payments are made in a timely manner on the scheduled due date(s). In the event any transaction is returned unpaid due to non-sufficient funds (“NSF”), an additional $30.00 Return Fee may be electronically withdrawn. If your payment is returned due to NSF, you agree to have payment automatically rescheduled for a repayment date to include Return Fee. If WeddingAdvisor.com is still unsuccessful in obtaining payment, and you have not made payment of balance owed by other means, a late fee of one percent (1%) per month may be assessed and the account in default will be transferred to our designated collection law firm or agency to initiate litigation/collection procedures. You agree not to file a chargeback without notifying WeddingAdvisor.com ahead of time and allowing for a resolution.
To the full extent permitted by law, you agree to indemnify and hold us harmless from all costs, including attorney's fees, damages or claims resulting from incorrect information provided or any claims of any joint accountholder, payee, or endorsee.
WeddingAdvisor offers three levels of memberships available to vendors. Vendors are responsible for maintaining your account as well as any forms of payment attached to your account. Once your account is canceled WeddingAdvisor shall be entitled to retain all ratings and reviews, submitted tips and ideas, blog post, pricing information and other informational material associated with a “vendor” on the site as well as basic directory information, including, without limitation, business name, address and telephone number. Memberships are subscription based, meaning occurring monthly or on a yearly basis. This depends on the plan you pick. If you pick the monthly package your card will be billed on a monthly basis on or about the date you signed up. If you signed up for the yearly subscription your card will be billed on that same time and date every year. Vendors are responsible for maintaining transactions associated with their accounts. Vendors are also responsible for cancelling their account prior to the next billing cycle if the vendor does not want to be charged again and continue services. If you wish to cancel and not be billed again you must send an email with your request 15 days prior to your billing cycle date auto renews.
We have a NO refund policy. If you sign up and do not like the services we offer you may cancel at any time. In the event of you canceling your membership will continue for the remaining period you have paid for and will not renew for the following billing cycle. Your account will remain in suspended status until making a payment or updating your payment options.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant WeddingAdvisor and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that WeddingAdvisor may choose to provide attribution of your comments or reviews at our discretion. You further grant WeddingAdvisor the right to pursue at law any person or entity that violates your or WeddingAdvisor’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of wedding related experiences or other content, messages, materials or other items on the Site ("Interactive Areas"). If WeddingAdvisor provides such Areas, you are solely responsible for your use of such Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including WeddingAdvisor;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of WeddingAdvisor, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose WeddingAdvisor or its affiliates or its users to any harm or liability of any type.
WeddingAdvisor takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is WeddingAdvisor liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, WeddingAdvisor is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although WeddingAdvisor has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, WeddingAdvisor reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by WeddingAdvisor or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release WeddingAdvisor, and its licensees, successors and assigns, from any claims that you could otherwise assert against WeddingAdvisor by virtue of any such moral rights.
If you are a vendor and believe you have fallen victim to a “fake” review, please contact us at email@example.com and we will initiate a verification process of the user that submitted the said review in question. Due to our unique process of verification, we give the user a 15 day time frame to provide information to establish the validity of the review in question. If no response is received within that time frame, WeddingAdvisor staff will then commence the deletion process of the review in question.
DISCLAIMER OF WARRANTIES
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE OPERATORS'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED TEN U.S. DOLLARS ($10.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of WeddingAdvisor, LLC.
You agree to indemnify, defend, and hold harmless WeddingAdvisor and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Website.
LINKS TO OTHER MATERIALS
This Website may contain hyperlinks to websites operated by parties other than WeddingAdvisor. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on WeddingAdvisor to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
The Website is hosted in the United States. The Operators make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators' rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User's use of the Website must be brought in the courts of New Mexico, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. WeddingAdvisor retains the right to add, edit or remove features available to users and wedding professionals contained on our website at anytime.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: ©2012 WeddingAdvisor, LLC. All rights reserved. WeddingAdvisor is not responsible for content on websites operated by parties other than WeddingAdvisor. WeddingAdvisor, the logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of WeddingAdvisor, LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of WeddingAdvisor or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of WeddingAdvisor and may not be copied, imitated or used, in whole or in part, without the prior written permission of WeddingAdvisor. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by WeddingAdvisor.
WEDDINGADVISOR COPYRIGHT COMPLAINT POLICY
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying WeddingAdvisor that your copyrighted material has been infringed.
Please provide the following information in the following format:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this website should be emailed to firstname.lastname@example.org or mailed to:
8212 Ville Ct. NE
Albuquerque, NM 87113
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, WeddingAdvisor has adopted a policy of terminating, in appropriate circumstances and at WeddingAdvisor's sole discretion, subscribers or account holders who are deemed to be repeat infringers. WeddingAdvisor may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you are aware of an infringement of either your brand or our brand, please let us know by emailing us at: email@example.com. We only address messages concerning brand infringement at this email address.