Terms and Conditions
Welcome to WedWize. These Terms and Conditions govern your use of www.wedwize.com (including all domains and sub-domains thereunder, the “Website”) and any services provided or received thereby. The Website provides a searchable listing for (a) businesses (“Providers”) to post available event venues and event-related services, (b) event planners (“Planners”, and together with Providers, “Participants”) to search for, and contact, Providers and (c) WedWize to offer various services to Participants from time to time.
By use of this website, you shall be deemed to have accepted these Terms in their entirety. Read these Terms carefully since they describe the terms and conditions under which WedWize makes the Website available to you. If you do not accept these Terms, or if you breach these Terms, you may not use the Website. In this document, “you” means the person or company using the Website; “WedWize” means WedWize, Inc. and its affiliates. If you are dissatisfied with the Website, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website.
In addition to those features of the Website that WedWize makes available, free of charge, to users, you may also register to use certain additional features (“WedWize Services”) that WedWize makes available to registered Participants. As a condition to accessing or using WedWize Services, WedWize may require that you agree to certain additional terms and conditions (“Service Terms”), which Service Terms are hereby incorporated into these Terms by reference. WedWize may charge you a fee to use WedWize Services.
RIGHT TO MODIFY OR DISCONTINUE INFORMATION AND ACCESS
WedWize reserves the right, at any time and from time to time, to monitor your use of the Website, as well the right to remove or refuse to post any information for any reason. You agree that WedWize shall not be liable to you or to any third party for any (a) removal of, or refusal to post, any information from or to the Website or (b) modification, suspension, discontinuation or termination of the Website or your access thereto. WedWize reserves the right to terminate or suspend your access to all or any portion of the Website, without notice, if it believes that your use of the Website may (i) violate applicable law or these Terms or (ii) harm WedWize’s interests or the interests, including intellectual property or other rights, of another person or entity.
CONDUIT FOR INFORMATION; RELEASE
You acknowledge and agree that, although WedWize maintains the Website, WedWize does not (a) control any transactions between you and any other Participant that might result from your use of the Website, (b) have any obligation to review or otherwise evaluate information that Participants post or submit, (c) endorse any Providers or warrant the quality, affordability, legality, utility or safety of any of their venues or services, or (d) warrant the willingness or ability of any Planners to contract, or pay, for venues or services. The Website merely serves as a conduit for information provided by Participants and, accordingly, you shall be solely responsible for any information that you post, or cause to be posted, on the Website. Accordingly, if you have a dispute with one or more Participants, you hereby release WedWize (and its officers, directors, agents, and employees) from 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 such dispute. Links to other websites from the Website are provided solely for your convenience. WedWize does not endorse, and hereby disclaims any representations or warranties regarding, the content of any other websites including without limitation any information, products or services provided through such other websites. If you access any of the third-party websites linked to the Website, you do so entirely at your own risk.
You may not:
- Post to, or transmit from, the Website any false, misleading, unlawful, threatening, harassing, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law;
- Upload materials that, if posted, could infringe any third party’s rights, including but not limited to rights in intellectual property, publicity or privacy;
- Upload materials that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Copy, reproduce, alter, modify, create derivative works of, or publicly display, any content (except for information that you provide, and then only in the form that you provided it) from the Website, or use any robot, spider, other automatic device, or manual process to effectuate the foregoing or to monitor the Website; (b) use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Website or any activities conducted thereon or (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Restrict or inhibit any other user from transmitting or posting on the Website;
- Use the Website to collect information about others, including e-mail addresses; or violate the security features of the Website, such as by (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (3) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
LICENSE TO WEDWIZE
WEDWIZE INTELLECTUAL PROPERTY
You agree that, except as expressly authorized by WedWize, you shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any use of, or access to, any portion of the Website. You further acknowledge and agree that third parties may own or possess intellectual property rights in content submitted by other Participants. Except as expressly authorized by WedWize, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on, any information contained on the Website, in whole or in part.
You are responsible for obtaining and maintaining (a) access to the Website and paying any third party fees (such as Internet service provider or airtime charges) that you incur in connection therewith and (b) all equipment necessary to access to the Website.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY BY WEDWIZE
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR USE OF ANY CONTENT AND PRODUCT OR SERVICE OFFERINGS LISTED OR PROVIDED THEREON, IS AT YOUR SOLE RISK. WEDWIZE (A) MAKES THE WEBSITE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND (B) EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATING TO THE WEBSITE OR ITS CONTENTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WEDWIZE MAKES NO WARRANTY (A) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR (B) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE. ACCORDINGLY, YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR RECEIVE ANY SERVICES, CONTENT OR INFORMATION THROUGH USE OF THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT, AS BETWEEN YOU AND WEDWIZE, YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT YOU INCUR. IN NO EVENT SHALL WEDWIZE, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE, OR INABILITY TO USE, THE WEBSITE OR ANY CONTENT AND PRODUCT OR SERVICE OFFERINGS LISTED OR PROVIDED THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WEDWIZE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT WEDWIZE WOULD NOT PROVIDE, OR PERMIT YOU TO ACCESS, THE WEBSITE ABSENT SUCH LIMITATION.
You agree to defend, indemnify, and hold WedWize, its officers, directors, employees, agents, licensors, affiliates and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from, your use or misuse of the Website, any violation of these Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
APPLICABLE LAW; VENUE
These Terms are governed by the substantive laws of the State of Delaware, without respect to its conflict of laws principles. You agree that exclusive jurisdiction for any dispute with WedWize, or in any way relating to your use of the Website, resides in the federal or state courts sitting in the State of Delaware, and hereby consent to the exercise of personal jurisdiction and venue in such courts in connection with any such dispute.
In addition to its rights under applicable law, if WedWize determines, in its sole discretion, that you have breached any provision of these Terms, or have otherwise demonstrated inappropriate conduct, WedWize reserves the right to immediately take any or all of the following actions without any notice or warning to you to (i) delete any or all content provided by you, or anyone acting under your member name, to WedWize; (ii) discontinue your registration(s) with WedWize; (iii) discontinue your subscription to any content and/or product or service purchased through the Website; (iv) notify or send content to and/or fully cooperate with the proper law enforcement authorities for further action; or (v) take any other action which WedWize deems to be appropriate. Upon the discontinuation of your ability to access the Website by WedWize, you agree that you shall not attempt to re-register with, or access, the Website or use any Website content or any other product or service provided by WedWize, whether through use of a different member name or otherwise.
DMCA – NOTIFICATION OF POSSIBLE COPYRIGHT INFRINGEMENT
WedWize will respond expeditiously to any and all notices of copyright infringement that comply with applicable law. If you have a copyright that you believe has been infringed on by any materials accessible on or from the WedWize website, you may request removal of those materials. Please submit written notification to our Copyright Agent whose information is available below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located
- your address, telephone number, and email address
- a statement that you have a good faith belief that the disputed use is not authorized by the copyright 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 owner or authorized to act on the copyright owner’s behalf.
Our designated Copyright Agent to receive DMCA Notices is:
email@example.com or mail to:
Attn: Legal Department
224 S Washington Square
Lansing, MI 48933
Please note that if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Additionally, be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
We are committed to protecting the privacy of children. You should be aware that the Website is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know to be a child under the age of 13.
Terms and Conditions for Vendors
Terms and Conditions for Vendors
By registering with WedWize.com as a ‘Vendor’, you may further elect to participate in certain WedWize Services (“Packages”). By clicking ‘Submit’, you shall be deemed to have accepted these Vendor Terms and Conditions (as amended by WedWize, from time to time, the “Vendor Terms”) AND the Terms and Conditions, in their respective entireties. These Vendor Terms are hereby incorporated into, and made a part of, the Terms. Please review the Terms and these Vendor Terms carefully. Capitalized terms used in these Vendor Terms, but not defined, shall have the meanings ascribed thereto in the Terms.
Although WedWize does not charge a fee to register as a Vendor, as a registered Vendor, you may have the option to participate in certain Programs for which WedWize charges a fee. WedWize shall provide you an opportunity to review and accept any applicable fees before you agree to participate in a paid Program. WedWize may condition your right to participate in any Program upon your acceptance of additional terms and conditions. WedWize may modify any of its Programs (including applicable fees) or these Vendor Terms at any time without liability. WedWize shall notify you of changes to these Vendor Terms or the Terms. Your continued participation in the Program after notice that these Vendor Terms have changed constitutes your acceptance of the new Vendor Terms. WedWize may reject or remove any listing for any or no reason.
VENDOR ACCOUNT MAINTENANCE
You may not transfer your WedWize account (including Reviews) or User Id to another party. By registering as a Vendor, you represent and warrant to WedWize that you have all necessary right, power and authority to bind yourself, or the business entity on whose behalf you accept these Vendor Terms, to these Vendor Terms and the Terms. You may use the Website only if you (a) have all necessary right and authority to sell the item(s) or service(s) you purport to sell on the Website, and (b) completely and accurately describe your business on the business profile page of the Website. WedWize reserves the right, at any time and from time to time, to monitor your use of the Website to determine compliance with these Vendor Terms, as well the right to remove or refuse to post any information for any reason.
WedWize permits Participants to post Review (“Reviews”) to the Website concerning Vendors. You acknowledge and agree that WedWize has no obligation to monitor Reviews or to otherwise ensure the accuracy or fairness of any Reviews. Accordingly, you hereby release WedWize (and its officers, directors, agents, and employees) from 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 Reviews that concerns you. You shall not (a) manipulate any Reviews that relates to you or any other Participant, (b) take any action that may undermine the integrity of the Reviews system or (c) market or export your Reviews in any venue other than an WedWize operated website.
If you breach the Terms or these Vendor Terms, then in addition to its rights under the Terms, WedWize may immediately remove your profile from its listings (without any obligation to refund any amounts previously paid by you) and warn Participants of your actions.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and your listing, purchase and sale of products or services.
Any legal controversy or legal claim arising out of or relating to any WedWize Services, excluding legal action taken by WedWize to collect fees or to obtain an injunction relating to Website operations, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Lansing, MI, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
PARTICIPATION IN PROGRAMS
As a registered Vendor, you may have the option to participate in certain Programs for which WedWize charges a fee. If you elect to do so, then the following additional terms shall apply to you:
If you elect to participate in Advertising, then, by clicking the ‘Submit Order’ button on the ‘Secure Payment’ page, you agree that the following additional terms shall apply to you:
- In exchange for receipt by WedWize of your payment of the amount set forth on the applicable ‘Secure Payment’ page, WedWize shall display your listing in the manner that you select, for the time period selected.
- You may cancel your participation in Advertising with respect to all or any single listing by notice to WedWize. Cancellation of your participation in Advertising shall not relieve you of any payment obligation incurred by you prior to cancellation or entitle you to any refund.
- You represent and warrant that you hold, and hereby grant WedWize, all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in all information necessary to permit WedWize to post your listing in the manner described above.
- You shall be responsible for all charges up to the amount of each invoice delivered to you (if you’ve elected to be invoiced), or as set in your Website account, and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by WedWize. You shall pay all charges in accordance with the payment terms in the applicable invoice or these Vendor Terms. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying (y) all taxes, government charges, and (z) reasonable expenses and attorney’s fees WedWize incurs collecting late amounts.
- To the fullest extent permitted by law, refunds (if any) are at the discretion of WedWize. Nothing in these Vendor Terms obligates WedWize to extend credit to any party. Vendor acknowledges and agrees that any credit card and related billing and payment information that Vendor provides to WedWize may be shared by WedWize with companies who work on WedWize’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to WedWize and servicing Vendor’s account. WedWize may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. WedWize shall not be liable for any use or disclosure of such information by such third parties.
- WedWize will refund any unused portion of your advertising period on a pro-rata basis, less a $50 service charge. Refunds are pro-rated for whole months only. (Any Listing cancelled on or after the 1st day of a month will not be eligible for a refund for that entire month.) The $50 cancellation fee will apply to all Listings, without exception, and is regrettably required to help offset WedWize’s costs in processing cancellations and refunds.
As of January 1, 2020, any listing enhancement paid for by credit card shall automatically renew at the expiration of the 12-month term for an additional 12 months at the current rate at the renewal time.
- If the listing enhancement was purchased by check or PayPal, it shall not automatically renew.
- Automatic renewal is designed to provide you with no interruption in our service to you. In order to turn off automatic renewal, you must sign in to your listing and turn off automatic renewal from your “My Listing” page, at any time prior to the expiration of your current 12 month term. After turning off automatic renewal, your listing enhancement will stay active until the expiration of the current listing enhancement period.
- If automatic renewal is not turned off, you are affirming and authorizing us to charge your credit card at the end of each listing enhancement term for an additional time period at the then-current subscription rate for the same listing enhancement product.
- If the product you purchased is no longer available, you authorize us to charge your credit card for a product that is the most similar to the original product that you purchased, at the then-current price of the new product.
- For any assistance at all regarding your listing enhancement or automatic renewal, please call us at 517-224-5614.
DISCLAIMER AND LIMITATION OF LIABILITY
WEDWIZE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROGRAM, AND YOUR PARTICIPATION THEREIN, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WEDWIZE DOES NOT PROMISE THAT YOUR PARTICIPATION IN ANY PROGRAM WILL GENERATE ENGAGEMENTS FOR YOU. THE ENTIRE RISK OF YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING COLLECTION OF ANY AMOUNTS OWED TO YOU IN CONNECTION WITH ANY ENGAGEMENTS BOOKED AS A RESULT OF YOUR PARTICIPATION IN ANY PROGRAM, REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WEDWIZE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF WEDWIZE IS NEVERTHELESS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, WEDWIZE’S AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT THAT YOU PAID TO WEDWIZE TO PARTICIPATE IN THE PROGRAM.
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT WEDWIZE WOULD NOT PERMIT YOU TO PARTICIPATE IN ANY PROGRAM ABSENT SUCH LIMITATION.
You agree to defend, indemnify, and hold WedWize, its officers, directors, employees, agents, licensors, affiliates and suppliers, harmless, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use or misuse of the Website, any violation of these Vendor Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.