THIS TERMS OF SERVICE CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST WEDSPIRE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Wedspire has created the Site to allow users to obtain information relating to, and to offer, sell and buy, certain products and services. Wedspire may or may not be directly involved in the transaction between buyers and sellers. As a result, Wedspire may have no control over the quality, safety, morality or legality of any aspect of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Wedspire does not pre-screen users (except for services that require an application) or the content or information provided by users. Wedspire may not be able to ensure that a buyer or seller will actually complete a transaction. Wedspire cannot guarantee the true identity, age, or nationality of a user of the Site. Wedspire encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You represent that all of the information, data and other materials you provide on this Site or to Wedspire through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of, and owned by, Wedspire, its licensors or its content providers, and is protected by copyright, trademark and other applicable U.S., Canadian, and foreign laws.
Wedspire grants you a limited, revocable, non-exclusive, license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Wedspire or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Wedspire’s sole discretion. Wedspire strictly prohibits any other use of any content available through the Site, including but not limited to:
a. any downloading, copying or other use of the content or the Site for purposes competitive to Wedspire or for the benefit of another vendor or any third party;
b. any caching, unauthorized linking to the Site or the framing of any content available on the Site;
c. any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
d. any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
e. soliciting personal information from anyone under the age of 18;
f. emailing or otherwise uploading any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) poses or creates a privacy or security risk to any person; (iv) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of Wedspire, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Wedspire or its users to any harm or liability of any type;
g. using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
h. any action that imposes or may impose (in Wedspire’s sole discretion) an unreasonable or disproportionately large load on Wedspire’s infrastructure, or damage or interfere with the proper working of our infrastructure.
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Wedspire.
Wedspire reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Wedspire neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Wedspire. Termination of your access or use will not waive or affect any other right or relief to which Wedspire may be entitled, at law or in equity.
You acknowledge that Wedspire may establish general practices and limits concerning use of the Site, including without limitation the maximum period of time that data or other content will be retained by the Site and the maximum storage space that will be allotted on Wedspire’s servers on your behalf. You agree that Wedspire has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site. You acknowledge that Wedspire reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Wedspire reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:
a. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, all as determined by Wedspire in its sole and absolute discretion, and including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S., Canadian, or foreign laws;
b. may contain software viruses or malware;
c. contains advertisements or solicitations of any kind, or other commercial content;
d. is designed to impersonate others;
e. contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
f. contains messages by non-spokesperson employees of Wedspire purporting to speak on behalf of Wedspire or containing confidential information or expressing opinions concerning Wedspire;
g. contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
h. contains multiple messages placed within individual folders by the same user restating the same point;
i. contains chain letters of any kind; or
j. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (“Submissions”), provided by you to Wedspire are non-confidential and Wedspire will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
This Site may contain links to other websites or resources that are operated by third parties not affiliated with Wedspire. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Wedspire is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
Users may arrange and attend online meetings or in-person meetings with one or more individuals. Users are solely responsible for interactions with others. Wedspire does not supervise or control any meetings between users of the Site or screen its users in any manner whatsoever. Users are solely responsible for interactions with others. Wedspire reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.
If you have a dispute with one or more users of the Site, you release us (and our affiliates and our and their respective directors, officers, employees and agents) from claims, demands and damages of every kind and nature arising out of or in any way connected with such disputes.
By listing a product or service on the Site you represent and warrant that the product or service is available for purchase by users of the Site and that you may legally sell the product or service. Your listing must include an accurate description of your product or service and all applicable terms of sale, which may include, for example, terms relating to shipping, returns, and payment. Sellers are responsible for enforcing their own terms of sale. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that product or service. All products and services must be listed in an appropriate category with appropriate tags. If the "in stock" quantity of a product or service is more than one, all products or services in that listing must be identical. Each unique product or service must have its own listing.
Sellers are responsible for accurately listing their products and services, and buyers are responsible for reading the description of products and services before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for all items purchased.
Sellers may only charge reasonable shipping and handling fees to cover the costs for packaging and shipping products. Sellers may not charge excessive shipping fees. You may not alter the price of a product or service after a sale for the purpose of avoiding Wedspire transaction fees and you may not misrepresent the location of a product or service for purposes of avoiding transaction fees.
You are responsible for complying with all applicable tax laws. Sellers should contact a tax professional to determine whether they need to charge sales tax on their sales made through the Site, the rates at which such taxes should charged (if any), or if they have questions about any other taxes. Wedspire can't provide tax advice. You agree to indemnify and hold Wedspire harmless from and against any damages or losses that Wedspire may directly or indirectly suffer as a result of your failure to collect or remit any all or any portion of the taxes that you are legally obligated to collect or remit in any jurisdiction.
Wedspire reserves the right to prohibit the advertisement or sale of any product or service on or through the Site. Sellers are advised that, in addition to any other product or service that Wedspire may prohibit, the advertising or offering for sale of any of the following products or services using the Site is prohibited:
a. drugs, alcohol, tobacco or nicotine products, medicines, vitamins, food supplements, or medical devices;
b. pornographic, obscene or offensive materials or items;
c. hazardous and controlled substances including without limitation items containing lead or mercury;
d. weapons, fireworks, firearms and ammunition;
e. gift cards or gift certificates;
f. items (including without limitation event and train tickets) that the seller is not legally entitled to sell or resell;
g. human parts or remains, live animals, plants or seeds;
h. gaming machines and lottery tickets;
i. unauthorized replicas, counterfeit items or unauthorized copies;
j. items that have been subject to an item recall;
k. items that infringe a third party's intellectual property rights;
l. personal information and mailing lists; and
m. financial products (including without limitation credit cards or insurance).
In certain situations, including but not limited to a void or invalid transaction, Wedspire may issue a credit for the applicable fees to a seller's billing statement.
Each listing on Wedspire costs $0.20 when the listing is published. A listing lasts for four months or until all items available for sale are sold. Listing fees are added to your Wedspire bill. At your option, you may renew expired listings. A renewed listing is given a new expiration date four months from the renewal date. The fee for renewing a listing is $0.20. Renewal fees are added to your Wedspire bill. If you have more than one of the same item, you may reflect the quantity available in your listing. When a transaction occurs and the listing is not sold out, the listing is automatically renewed at a cost of $0.20. If a transaction includes more than one of the same item, then a multiple quantity fee of $0.20 per quantity sold is applied. Multiple quantity fees are added to your Wedspire bill.
When you complete a sale using the Site, you will be charged a transaction fee of 7.0% of the price of the product or service, excluding shipping costs and taxes. Unlike listing fees, this payment processing fee is deducted from the transaction amount as the funds become available for deposit. You are also required to report to Wedspire any sale of a product or service completed by means other than through the Site and a transaction fee of 7.0% of the price of the product or service will be applicable to such transactions and added to your Wedspire bill.
Eligible sellers may choose to use Wedspire’s payment platform to process payments. Payment processing fees of 2.9% of the transaction price plus $0.30 are calculated per transaction and are applied to each order completed using the Wedspire payment platform. This fee is assessed on the total amount of the sale, including shipping costs and taxes. Unlike listing fees, this payment processing fee is deducted from the transaction amount as the funds become available for deposit into your checking account. To be eligible to use Wedspire’s payment platform, Wedspire must approve your application and you must agree to be bound by the Wedspire Payment Platform Terms and Conditions located at https://wedspire.com/payment_terms. Furthermore, Wedspire’s payment platform is powered by Stripe, Inc. and its affiliates (“Stripe”) and you will need to open a Stripe account and connect to Stripe before you can begin accepting payments using the Wedspire payment platform.
You are responsible for paying all fees and applicable taxes associated with using the Site. Wedspire invoices using an automatic bill payment system. Wedspire will send copies of all invoices to the seller’s email address on file.
If Wedspire terminates a listing or your account, if you close your account, or if the payment of your Wedspire fees cannot be completed for any reason, you remain obligated to pay Wedspire for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Wedspire.
You authorize Wedspire to store your payment card information in Canada and the United States and to charge the card on file from time to time for amounts owing by you to Wedspire. If your card account on file with us is closed or the account number is changed, or if, for any reason, a charge is rejected by your card issuer, you must update your card information or supply a new card number, as appropriate, in your Wedspire account. If your charge is refused by the issuer for any reason, you may be subject to penalties such as the suspension of privileges and/or termination. Your authorization applies to any successor or replacement card you provide. Wedspire may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Wedspire thirty (30) days after the mailing date of the invoice. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.
Wedspire’s software available in connection with the Site and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Site is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Site, including as it concerns online conduct and acceptable content.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WEDSPIRE DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
THE PROVIDERS WHOSE PRODUCTS AND SERVICES ARE AVAILABLE ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF WEDSPIRE. WEDSPIRE IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SERVICE PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR USE OF THE WEDSPIRE MEMBERSHIP, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR MEMBERSHIP AND/OR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER WEDSPIRE NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (“WEDSPIRE GROUP”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) YOUR WEDSPIRE MEMBERSHIP, ANY TERMINATION OR CANCELATION OF YOUR MEMBERSHIP, ANY REFERRAL CREDIT PROGRAM (OR ASSOCIATED CREDITS); (4) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WEDSPIRE GROUPE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER WEDSPIRE NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH WEDSPIRE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND WEDSPIRE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS
You will indemnify and hold harmless Wedspire Group from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Wedspire Group and such parties, and shall defend Wedspire Group and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable U.S., Canadian or foreign law or the rights of a third party. Wedspire Group will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Wedspire Group. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
When you use the Site or send emails to Wedspire, you are communicating with Wedspire electronically. You consent to receive electronically any communications related to your use of this Site. Wedspire may communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Wedspire intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the Site.
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Wedspire is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. You are solely responsible for the content and legal compliance of any email messages you send through such features. Wedspire, in its sole discretion, may monitor, but not post or remove any such content.
Access to and use of password-protected areas of the Site is restricted to authorized users who can form legally binding contracts under applicable law. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Wedspire immediately. Wedspire may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise. Wedspire is not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us.
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Wedspire or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Wedspire or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Wedspire’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Wedspire’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable U.S., Canadian, and foreign laws.
Wedspire respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Wedspire of your infringement claim in accordance with the procedure set forth below.
Wedspire will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Wedspire’s Copyright Agent at notify@Wedspire.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the District of Nevada and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Wedspire will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Wedspire has adopted a policy of terminating, in appropriate circumstances and at Wedspire's sole discretion, users who are deemed to be repeat infringers. Wedspire may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, Wedspire is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Wedspire is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Wedspire enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
YOU AND WEDSPIRE 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 WEDSPIRE 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).
Wedspire is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at notify@Wedspire.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Wedspire should be sent to notify@Wedspire.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Wedspire and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Wedspire may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Wedspire or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Wedspire is entitled.
Unless Wedspire and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Wedspire agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Wedspire will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Wedspire will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Wedspire will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Wedspire Inc. at:
Effective Date: September 30, 2016