to WeddingDirectory411.com By using our site,
you are agreeing to comply with and be bound by the following
If you do not agree to these terms, you should not use this
site. The term “WeddingDirectory411”, “us” or “our”
refers to WeddingDirectory411.com, the legal name of the owner
of the Web site. The term “you” refers to the user
or viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of
Use Agreement ("Agreement") with respect to our site
(the "Site"). This Agreement constitutes the entire
and only agreement between us and you, and supersedes all prior
or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products
or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to you.
The latest Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
The Site, including any content, software and services offered
thereon, are the property of WeddingDirectory411.com and its suppliers.
It is protected by the copyright and/or other intellectual property
laws of India and internationally. You are hereby authorized solely
to view and to retain a copy of pages of this Site for your own
personal use. Do not duplicate, publish, modify, or otherwise
distribute the material on this Site unless specifically authorized
in writing by WeddingDirectory411.com to do so. You hereby acknowledge
and agree that, as between WeddingDirectory411.com and you, all right,
title, and interest in and to the Site and the provision thereof,
including without limitation any patent rights, patents, business
methods, copyrights, trademarks, trade secrets, inventions, know-how,
and all other intellectual property rights pertaining thereto,
shall be owned exclusively by WeddingDirectory411.com. Except as expressly
authorized by WeddingDirectory411.com herein, you agree not to make, copy,
display, modify, rent, lease, license, loan, sell, distribute,
or create derivative works of the Site, in whole or in part
3. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version
of any part of the Site or its contents may be used by you in
any litigation or arbitration matter whatsoever under any circumstances.
4. Restrictions and Prohibitions on Use.
Your license for access and use of the
Site and any information, materials or documents (collectively
defined as “Content
and Materials”) therein are subject to the following restrictions
and prohibitions on use: You may not (a) copy, print (except
for the express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease,
loan or otherwise make available in any form or by any means
all or any portion of the Site or any Content and Materials retrieved
from it; (b) use the Site or any materials obtained from the
Site to develop, of as a component of, any information, storage
and retrieval system, database, information base, or similar
resource (in any media now existing or hereafter developed),
that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the Site;
(d) use any Content and Materials from the Site in any manner
that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice or other proprietary
of the Site available through any timesharing system, service
bureau, the Internet or any other technology now existing or
developed in the future; (g) remove, decompile, disassemble or
reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture; (h)
use any automatic or manual process to harvest information from
the Site; (i) use the Site for the purpose of gathering information
for or transmitting (1) unsolicited commercial email; (2) email
that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions; (j) use the Site in a manner
that violates any state or federal law regulating email, facsimile
transmissions or telephone solicitations; and (k) export or re-export
the Site or any portion thereof, or any software available on
or through the Site, in violation of the export control laws
or regulations of the United States.
5. Forms, Agreements & Documents
We may make available through the Site
or through other Web sites sample and actual forms, checklists,
business documents and legal documents (collectively, “Documents”). All Documents
are provided on a non-exclusive license basis only for your personal
one-time use for non-commercial purposes, without any right to
re-license, sublicense, distribute, assign or transfer such license.
Documents are provided for a charge and without any representations
or warranties, express or implied, as to their suitability, legal
effect, completeness, currentness, accuracy, and/or appropriateness.
THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”,
AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF
THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. The Documents may be inappropriate for your particular
circumstances. Furthermore, state laws may require different
or additional provisions to ensure the desired result. You should
consult with legal counsel to determine the appropriate legal
or business documents necessary for your particular transactions,
as the Documents are only samples and may not be applicable to
a particular situation. Some Documents are public domain forms
or available from public records.
6. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is
not intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of information on the Site
or materials linked to the Site is entirely at your own risk.
We are not a law firm and the Site is not a lawyer referral service.
7. Linking to the Site.
You may provide links to the Site, provided (a) that you do not
remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site
does not engage in illegal or pornographic activities, and (c)
you discontinue providing links to the Site immediately upon request
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Site is accurate and
complies with applicable laws. We are not responsible for the
illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s
9. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects will
be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely
or otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents, information or
other content appearing on the Site.
You agree to indemnify, defend and hold
us and our partners, agents, officers, directors, employees,
subcontractors, successors, assigns, third party suppliers
of information and documents, advertisers, product and service
providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense
related to your violation of this Agreement or use of the Site.
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or documents
is not transferable or assignable.
THE INFORMATION, CONTENT AND DOCUMENTS
FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH
“ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
13. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any
way from (a) any errors in or omissions from the Site or any services
or products obtainable therefrom, (b) the unavailability or interruption
of the Site or any features thereof, (c) your use of the Site,
(d) the content contained on the Site, or (e) any delay or failure
in performance beyond the control of a Covered Party.
(b)THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE
AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED
HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE
IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
14. Use of Information.
We reserve the right, and you authorize
us, to the use and assignment of all information regarding
Site uses by you and all information provided by you in any
ideas, graphics, or other information communicated by you to
us (collectively, a "Submission")
will forever be our property. We will not be required to treat
any Submission as confidential, and will not be liable for
any ideas (including without limitation, product, service or
advertising ideas) and will not incur any liability as a result
of any similarities that may appear in our future products,
services or operations. Without limitation, we will have exclusive
ownership of all present and future existing rights to the
Submission of every kind and nature everywhere. We will be
entitled to use the Submission for any commercial or other
purpose whatsoever, without compensation to you or any other
person sending the Submission. You acknowledge that you are
responsible for whatever material you submit, and you, not
us, have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
15. Securities Laws.
The Site may include statements concerning
our operations, prospects, strategies, financial condition,
future economic performance and demand for our products or
services, as well as our intentions, plans and objectives (particularly
with respect to product and service offerings), that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site,
words like "anticipates,"
"expects," "believes," "estimates,"
"seeks," "plans," "intends," "will"
and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed to
be, incorporated into any of our securities-related filings or
16. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web
site on our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site and access
these third-party sites, you do so at your own risk.
This Agreement shall be treated as though
it were executed and performed in San Francisco, California,
and shall be governed by and construed in accordance with the
laws of the State of California (without regard to conflict
of law principles). Any cause of action by you with respect
to the Site (and/or any information, Documents, products or
services related thereto) must be instituted within one (1)
year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set
forth in Section 16 and Section 17. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly
for or against any party. Any rule of construction to the effect
that ambiguities are to be resolved against the drafting party
shall not apply in interpreting this Agreement. This Agreement
and all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a third
party in the event of an acquisition, sale or merger. If any
provision of this agreement is held illegal, invalid or unenforceable
for any reason, that provision shall be enforced to the maximum
extent permissible, and the other provisions of this Agreement
shall remain in full force and effect. If any provision of
this Agreement is held illegal, invalid or unenforceable, it
shall be replaced, to the extent possible, with a legal, valid,
and unenforceable provision that is similar in tenor to the
illegal, invalid, or unenforceable provision as is legally
possible. To the extent that anything in or associated with
the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination
of this Agreement. The title, headings and captions of this
Agreement are provided for convenience only and shall have
no effect on the construction of the terms of this agreement.
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken
by us relating to Site operations and/or intellectual property,
shall be settled solely by confidential binding arbitration in
accordance with the commercial arbitration rules of JAMS applicable
at the time the arbitration commences. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in San
Francisco, California. Each party shall bear its own attorneys'
fees. Each party shall bear one-half of the arbitration fees and
costs incurred through JAMS.