User Agreement
This user agreement ("agreement" or "terms") specify the legally binding terms and condition that shall govern your usage of our website and the services thereof. You are requested and required to read these terms carefully before using the website and services offered by B4TheWedding LLC- [hereinafter "b4TheWedding"] We have incorporated by reference all linked information.
You expressly agree that by using the website in any manner or mode, including but not limited to visiting or browsing the website, you (the "user") you consent to be bound by these terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms are applicable to all users of the Site, including without limitation users who are consumers or their representatives or any visitor to the site who uses the site for any commercial reason in relation to information and other materials or services on the Site.
We reserve the right to change the terms and conditions at any time at our discretion and you agree to be bound by the amended terms. You are advised to keep checking the terms regularly. If B4TheWedding makes a material change, B4TheWedding will notify you here, by email, by means of a notice on our home page, or other places B4TheWedding deems appropriate. What constitutes a "material change" will be determined at B4TheWedding sole discretion, in good faith, and using common sense and reasonable judgment.
DEFINITIONS:
"Agreement" shall mean this user agreement between the Parties, subject to the terms and conditions of providing Services, attached appendices or other documents incorporated in these terms and conditions.
"Account" means the post-registration account that you will be provided with us to manage your activities with us.
"Buyer" means an individual who uses our website to inquire, post advertisements, offers or hires a seller or contractor through our website
"Offer" means an offer or bid that is posted, managed or promoted by the seller or freelancer on the "offer requirement" through our website
"Offer Requirement" means the offer document listing out all that is on offer and the terms governing it.
"Project" "Offer" or "Listing" means a job or contract (related to wedding and related functions) offered or awarded by a Buyer through our Website, which may include a Project or Contest listed by a Buyer, a project awarded by a Buyer, a service bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller as a result of a Contest or competition hosted via the Website.
"Seller" means a User that offers, posts or promotes an offer of sale through our website.
"Seller Services" means all services provided by Sellers related and limited to wedding and associated functions.
"User", "you" or "your" means an individual or company representative who visits or uses the website.
"User Agreement" means: (1) this User Agreement; (2) the privacy policy (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the privacy policy and (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct.
"Website" shall mean the websites operated by B4TheWedding and available at:
www.B4TheWedding.com and any related B4TheWedding service, extension, CMS or mobile or tablet application.
INTERPRETATION
The official language of these terms shall be English.
The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
In case there exists a machine readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.
ELIGIBILITY
B4TheWedding services are available only to, and may only be used by, companies, societies and individuals (who are 18 years and older) who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
Individuals under the age of 18 must at all times use B4TheWedding services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.
Users may provide a business name or a company name, which is to be associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account. However, the user, if required, must produce required documents to prove his ownership of that business name or intellectual property rights over the related trademarks.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
COMPLIANCE
Password: You are required to keep your password secure. You shall assume absolute and sole liability for all activity, liability and damage resulting from your failure to maintain password confidentiality and secrecy. You agree to immediately notify B4TheWedding of any unauthorized use of your password or any breach of security. You also agree that B4TheWedding cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than B4TheWedding without B4TheWedding express written permission.
Account Information:
You shall keep your account information up-to-date and accurate at all times, including a valid email address. Your payment information, as provided to us, shall also be accurate and genuine at all times. You agree that your account information can be made available to B4TheWedding administration or its' appointed employees or contractors.
You agree that you have ensured that your access of our website and its services are completely in accordance with local laws of your respective state, territory or country.
Account Transfer:
You shall not transfer or sell your B4TheWedding account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the respective entity to this Agreement.
LEGAL COMPLIANCE; TAXES
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any B4TheWedding service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on B4TheWedding net income).
USAGE AND CONDUCT REQUIREMENTS
B4TheWedding expects and requires the user to refrain from:
- Post content, offers or items in inappropriate categories or areas on our websites and services;
- Violates any laws or statutes, third party rights or our policies.
- Fail to transfer payment for services delivered to you unless there has been substantial and material change in the services offered and services delivered.
- Fail to deliver Seller Services purchased from you, unless the Buyer fails to meet the terms, materially alters the terms of the Seller Services from the listing;
- Neglect, misuse, circumvent or manipulate our fee structure, the billing process, or facilitation fees owed to B4TheWedding ;
- Post wrong, incorrect, false, inaccurate, misleading, defamatory or offensive content (including personal information);
- Take any action that may harm or interrupt or undermine the feedback or reputation systems.
- Transfer, including rent, sell or delegate your B4TheWedding account (including feedback) and Username to another party without our consent;
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute malwares, pirated or fake software, viruses or any other technologies that may harm B4TheWedding , the Website, or the interests or property of B4TheWedding users (including their Intellectual Property Rights, privacy and publicity rights)
- Post any content that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- Download, aggregate or use our listings from our website for display with listings from other websites without our express written permission, "frame", and "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authority.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the B4TheWedding Website;
- Attempt to print, copy, modify or distribute rights or content from the B4TheWedding Website or B4TheWedding 's copyrights and trademarks;
- Harvest or otherwise collect information about Users, including email addresses, without their consent.
- Sell the user information, our employee list or our proprietary information without our consent.
OUR SERVICES
We are a venue, which allow wedding planners, venues and other wedding professionals to post their services and to bid or offer proposal for the wedding related service requirement offers posted by the users. The website mechanism is explained below:
The website has two important types of users:
Buyers: The users who shall post "offer requirement" on our website or hire the "freelancers" or "sellers" through our website by:
- Clicking on the "Hire Me" button next to the profile of the wedding professional freelancer directly.
- Posting a "Job" on the website requiring the wedding planners, venues, florists or other professionals to send their "bids" or "offers" to the requirements and then by selecting one of them.
- The buyers must provide enough details and "bid range" while posting the offer requirement.
- Sellers or Wedding Freelancers: The users who will be hired by the buyers through the "hire me" button or who will post bid or offers for the "offer requirements" or who will offer their wedding related services and products through our website shall be termed as Sellers of Freelancers.
The moment buyer accepts the bid posted by the seller on the "offer requirement" posted by the buyer and the seller accepts the same, a user agreement shall be deemed to have been signed between the buyer and the seller. Under the said agreement, the buyer shall purchase and the seller shall sell the services and products as notified in the offer requirement.
You agree that while transacting through this website, you will carry out all your obligations towards the website, its employees and other users. You are liable individually if you fail to complete a transaction without any permissible cause.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
At no point of time, a joint venture, partnership or any other class of right apart from that of independent contractor shall exist between the buyer and the seller. Both parties shall be solely responsible to fight their legal claims against each other in accordance with the dispute resolution policy given below.
ESCROW ACCOUNT
When a bid or offer is accepted by the buyer, we require him to pay the total bid amount to us which shall be kept in a separate account with us till the project is completed. Once the buyer confirms to us that the work has been completed by the seller, we shall release the payment to the seller's account after deducting our commissions and charges as explained below.
With the consent of the buyer, the seller may ask for an advance payment of 25% from the total amount deposited by the buyer.
The buyer may also opt for periodic payments or contingent payments by which successive installments of the amount will be released to the seller at completion of certain "milestones" or "tasks" of certain percentage of the total work allotted, as notified in the "offer requirement" or as "negotiated by the users".
We are NOT required to or inclined to award any interest to any user for any amount withheld with us in the escrow account or any other account in relation to this website.
FEE AND COMMISSIONS
Listing of projects or wedding related "offer requirements" is free with us. We DO NOT charge anything for posting on our website; neither do we charge for any job or "freelancer availability" listing with us. When a buyer hires a freelancer or seller, we deduct nothing of the total "accepted bid amount" from the buyers account while 8.75% of the total bid amount is deducted from the account of wedding freelancer.
Unless otherwise stated, all fees are quoted in United States Dollars.
INTELLECTUAL PROPERTY RIGHTS
B4TheWedding, and other B4TheWedding graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade address of B4TheWedding in the United States and other countries.
B4TheWedding trademarks and trade address may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
You agree that we may display your company or business name, logo, images or other media, and public description of your Projects and profile as part of the B4TheWedding Services and/or other marketing materials relating to the B4TheWedding Website, except where you have explicitly requested that we do not do this and we have agreed to such request.
You agree that whatever content you post on the website except for your registered trademark or registered trademark or proprietary material of others with their permission, shall become the sole property of the website without any reservation unless if we have agreed to such reservation in writing.
Any infringement of our intellectual property rights will be dealt strongly by our legal team. You are bound by terms to notify us of any such infringement as soon as you come to notice it
If you believe that you have information that something posted in our website infringes your IP rights or IP rights of a third party, please inform us at
ip@B4TheWedding.com.
PAYYMENT GATEWAYS
You expressly agree and acknowledge that we may employ or collaborate with third party payment gateways using secure SSL connections in order to facilitate, distribute, transact and receive payments for the services offered and received on or through this website. We reserve the right to change or replace the payment gateway on our sole discretion without any reservation whatsoever. We do not store your bank information with us and everything is completed through secure third party payment gateways and at no point of time we assume any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. You agree that you will hold us harmless against any such dispute or legal claim.
THIRD PARTY LINKS
Links from or to websites outside this Web Site are meant for convenience only. B4TheWedding does not review, endorse, approve or control, and is not responsible for any sites linked from or to this Web Site, the content of those sites, the third parties named therein, or their products or services. Linking to any other site is at your sole risk and B4TheWedding will not be responsible or liable for any damages in connection with linking. B4TheWedding disclaims all warranties, express and implied as to the accuracy, validity and legality of any materials or information found on those sites.
EXPRESS PROHIBITIONS
You are strictly prohibited from:
Using the website for posting offensive, illegal, immoral, defamatory, blasphemous or incorrect information on the website.
Disclose your email address and other personal contact information on the website.
Disclose or distribute on the website, any material or information that rightfully belongs to a third party or is intellectual property of a third party.
Posting reviews, feedback or ratings of users on this website on any third party website.
Using the website for any illegal or unlawful activity.
Posting your account or bank details on the website.
Posting about your disputes with us or any third party member in public, irrespective of the place of posting.
FRAUD PREVENTION
In order to prevent scams, the first time users may be required to submit the entire bid amount with our escrow account while posting a bid for first 5 times after which they can pay in structured installments before the completion of the project.
Additionally, the payment of the freelancers for the first five projects shall be delayed by a period of 15 days in order to avoid scams and frauds.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction (e.g. paid a Contingent Payment using a stolen credit card) it will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
- If your activities on the website are in breach of this user agreement and privacy policy.
- If your activities are illegal or unlawful.
- If your account is considered as a reasonable risk to other users, website and our business interests.
- We believe that the beneficiary of the payment is someone other than you;
- We believe that the payment is being made to a country where we do not offer our Service; or
- We are required to do so by law.
FUNDS
We may require for some users to have a minimum of $15 in your account before you can bid or post offer requirements on our website. This amount will be held by us at our escrow account in order cover future deductions in term of concerned project fee and commissions. If your account fails to maintain the threshold limit, we may have to send you a notice for maintaining the threshold limit.
You are permitted to have different currencies in your account and in case you wish to convert them to some other currency, the applicable exchange rate will be notified to you and same shall be deducted from your account. We reserve the right to reverse the payments made by to third party in order to settle our dues or to avoid any scam or fraud. In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account. We reserve the right to collect any funds owed to us by using other legal means.
We expressly state and your expressly acknowledge that we are not a banking or financial institution and in no case whatsoever shall be expected to deliver any kind of financial service to you.
WE acknowledge that the funds shown in your Account (which may include Contingent Payments and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Seller Services through the Website and provision of the B4TheWedding Services;
The fund mechanism in no way creates any trust or fiduciary relationship between us. Funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Seller Services. We reserve the right to place any operational bar or limit on your account in case a dispute is received which concerns you.
REFUNDS
We allow refunds to the users who have funds in their account and want to settle their dues with or want to close their account. We also allow refunds in cases of an incomplete deal. The payment method shall be same for refund as was when the payment was made. However, we reserve the right to change the payment method in certain special circumstances.
We may refund funds to Users irrespective of whether a User has requested funds be refunded if:
- The law or statute requires us to.
- We are closing down our business.
- In accordance with our refund policy
- To avoid any dispute
- If the refund is necessary to avoid a chargeback.
In order to request a refund, please send us a mail at customerservice@B4TheWedding.com. If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account with us.
CHARGEBACKS
We are bound to process the chargeback requests and instructions issued to us by third party payment processors or card issuers or banks. We cannot and will not refuse or stop any payment chargebacks if instructed by the relevant bank authorities, payment processors or card issuers.
You must cooperate with us and refrain from complaining with us any chargeback reversal processed by us. You agree that you will abide by the reversal requests processed by us.
- If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.
TERMINATION
We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Depending upon the nature of termination, subject to the provisions laid down in this agreement, we may or may not refund you for any payment due or kept with us. We will review the refund requests case by case. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of, this User Agreement;
- if you under-bid on any Project in an attempt to renegotiate the actual price privately, avoiding fees;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- you do not complete account verification when requested within 3 months of the date of request;
- you are the subject of a United Nations, EU or USA sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
CLOSING YOUR ACCOUNT
We allow you to close your account with us if you send us a request for the same at customerservice@B4Thewedding.com. However, you must not have any outstanding payment, dispute, listing or any other matter unresolved with us or third parties through our website.
INACTIVE ACCOUNTS
We reserve the right to terminate or suspend an account which has been inactive for more than one year without any activity or subscription payment left. We will notify you at the email provided with us three times at 2 months, 1 month and 24 hours prior to the suspension.
RESOLUTION OF DISPUTES AND JURISDICTION
Disputes with B4TheWedding:
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration using the English language in accordance with the Arbitration Rules and Procedures then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with the Arbitration Rules and Procedures of Arbitration Rules and Procedures.
The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.
Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States or state courts located in the State of Colorado.
Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and B4TheWedding agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties:
In the event a dispute arises between you and another user or a third party, B4TheWedding encourages you to first contact the user or third party to resolve the dispute amicably.
If a buyer and Seller are unable to resolve a dispute resulting from a transaction that occurs on B4TheWedding, they may choose to participate in B4TheWedding case system in order to resolve the dispute. Cases are escalated for review and resolution by B4TheWedding. B4TheWedding provides its dispute resolution process for the benefit of users. B4TheWedding does so in B4TheWedding' sole discretion, and B4TheWedding has no obligation to resolve disputes between users or between users and outside parties. To the extent that B4TheWedding attempts to resolve a dispute, B4TheWedding will do so in good faith based solely on B4TheWedding policies. B4TheWedding will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement or a certified mediation or arbitration entity, as applicable.
You release B4TheWedding (and B4TheWedding officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
ACCESS AND INTERFERENCE
- B4TheWedding may contain robot exclusion headers which contain internal rules for software usage. Much of the information on B4TheWedding is updated on a real-time basis and is proprietary or is licensed to B4TheWedding by B4TheWedding users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access B4TheWedding for any purpose whatsoever, except to the extent expressly permitted by and in compliance with B4TheWedding API Terms of Use or otherwise without B4TheWedding prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in B4TheWedding sole discretion, an unreasonable or disproportionately large load on B4TheWedding infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in B4TheWedding Guidelines from the Site except to the extent expressly permitted by and in compliance with Terms of Use or otherwise without the prior express written permission of B4TheWedding and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass B4TheWedding robot exclusion headers or other measures B4TheWedding may use to prevent or restrict access to B4TheWedding.
PRIVACY
We respect the privacy of our users and take all possible measures to protect them. Our Privacy Policy has all the practices, measures and steps we have to protect your privacy.
SECURITY
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the Website, your Account or the B4TheWedding Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
NO INSURANCE
You expressly agree that B4TheWedding does not offer any insurance or guarantee as to the claims, offers and products offered by the sellers on our website or the payment details of the buyer.
NO WARRANTY AS TO THE IDENTITY OF THE USER
We take reasonable precautions and follow best industry practices to gather maximum possible accurate information about the identity of the users on our website. However, we must inform you that it is highly difficult for us to verify each and every user. While we try our best, we EXPRESSLY state that we do not provide any warranty as to the real identity or all other personally identifiable information about the user. We may display user information such as the credibility score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
NO WARRANTY AS TO THE WEBSITE CONTENT
The website content hosted on the website is subject to change as and when required without any prior notice. We do not expressly and impliedly regulate the information posted on our website by third parties or users. You agree that while some information posted on the website by the third party users may be offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled, the website is not liable or associated with the same in any way.
You agree that the operation of the website is a complex task and due to some human or accidental error we may put some content on the website which may be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled. You agree that you will notify us to remove such content instead of taking any legal recourse.
Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about the content, service, products, services, security, privacy of data or any other matter incidental to the website or its operation other than the liability incurred due to negligence of our employees.
EXPRESS RELEASE
You expressly agree to release us [including our directors, agents, officers, employees, affiliates and subsidiaries] from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your disputes with other users or third parties through or on our website.
LIMITATION OF JURISDICTION
In some jurisdictions, certain exemptions or limitations, as described in this agreement do not hold. In such jurisdictions, the limitations and exemptions shall apply to the maximum permissible extent.
USER AGREEMENT AS DEFENSE
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
CLASS ACTIONS ARE BARRED
You expressly agree that you will not bring any class action against us unless we agree to such proceedings against us. Unless both parties agree, the arbitrator shall not consolidate or join the proceedings against us or you as a class of users.
NOTICES
Any notices must be sent to the B4TheWedding Legal Team; legal@B4TheWedding.com
Attn: Legal Department
In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, B4TheWedding may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to B4TheWedding . In such case, notice shall be deemed given three days after the date of mailing.
B4TheWedding SERVICE and GUARANTEES
B4TheWedding reserves the right to modify or terminate the B4TheWedding service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. B4TheWedding does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside B4TheWedding control.
CHOICE OF LAW
This Agreement shall in all respects be interpreted and construed with and by the laws of the United States of America.
FOREIGN JURISDICTION
The services of B4TheWedding are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted
LIMITATION OF LIABILITY
In no event shall B4TheWedding , and (as applicable) B4TheWedding subsidiaries, officers, directors, employees or B4TheWedding suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, B4TheWedding services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
B4TheWedding liability, and (as applicable) the liability of B4TheWedding subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to B4TheWedding in the 12 months prior to the action giving rise to liability, and (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
INDEMNIFICATION
You agree to indemnify and hold B4TheWedding and (as applicable) B4TheWedding parent, subsidiaries, 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 out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
FORCE MAJURE
We maintain that we shall not be held liable for any failure or departure from any obligation or promise mentioned in these terms or any of our policies which has happened due to circumstances beyond our reasonable control which includes but is not limited to natural disasters like flood, earthquake, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.
SEVERABILITY
If any portion of this Agreement is deemed void or unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions.
SURVIVAL
The provisions of the Agreement which expressly or by their nature should survive termination of the Agreement shall survive such termination unless adjudged otherwise by the competent courts.
NO WAIVER IMPLIED
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
ENTIRE AND UNMODIFIED AGREEMENT
The Agreement, in connection with the other obligations and rules detailed in writing on the Site, constitute the entire agreement between you and the Site and cannot be modified by you. The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with the Site. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.
COMMUNICATIONS
The B4TheWedding team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers at offers@B4theWedding.com
You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
CONTACT US
We are always there to help you at (800) 474-2081. You can send us notices or any other communication at customrservice@B4TheWedding.com