Welcome to the user agreement (the "Agreement" or "User Agreement") for TampaBayBrides.com, an activity of Kennedy Enterprises, Inc. This Agreement describes the terms and conditions
THE FOLLOWING DESCRIBES THE TERMS ON WHICH TAMPA BAY BRIDES.COM OFFERS YOU ACCESS TO OUR SERVICES.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Kennedy Enterprises, Inc.
1. Tampa Bay Brides.com is a Venue.
Our web site is a venue, not an auction site, and we are not an Auctioneer. Instead, our web site acts as a venue where you may search for and review products or services related to weddings, and find vendors of those products or services. We are not involved in any actual transaction between buyers and vendors of wedding related products or services. As a result, we have no control over the quality, safety or legality of the products or services which you might find or contract to buy through our web site, the truth or accuracy of any statements made by vendors on our web site, or the ability of vendors to sell products or services. We do not act as agents for any of the vendors listed on our website, and we do not receive any compensation in the nature of a commission, as a result of any sales of products or services, or their vendors, being listed on our web site. Our listed vendors pay us a fee for placement on our web site.
Because we are a venue, in the event that you have a dispute with one or more vendors, you release us (and our officers, directors, agents, subsidiaries, joint ventures 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 disputes.
By entering your engagement announcement you agree that all information you provide in your announcement is your sole and exclusive responsibility with respect to its accuracy and that you have the right to submit it for publication on Tampa Bay Brides.com without infringement of any intellectual property rights of other persons. You agree that you are the owner of all intellectual property rights in all content provided by you in your announcement including; personal names, stories, and photographs. By entering your engagement announcement you agree that we may edit it as may be necessary to suit our publication standards. You understand and agree that we may post your engagement announcement, or refuse to post it and delete it for any reason whatever including that it contains inaccurate or untruthful information, content that we believe may be offensive to any person, or that your ownership of the content is disputed by others. Regardless of whether we publish your announcement or not, you agree that we may share any information that you provide to us in connection with your announcement to participating vendors on this web site.
All information listed on our web site concerning individual vendors and their products or services is strictly and entirely the responsibility of the vendor. We take no responsibility for any inaccuracies in such information, or for any untrue statements. The fact that products or services may be listed by a vendor on our web site does not constitute a guaranty or warranty by us that such products or services are available or that the prices listed for them are the actual prices which you may be charged. You are responsible for all of the terms and conditions, including prices, quantities, quality, etc., for any and all products or services which you contract to purchase as a result of finding them or the vendor supplying them on our web site.
WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND OUR WEB SITE HOST PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND OUR WEB SITE HOST SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY OF THE PRODUCTS OR SERVICES PURCHASED FROM VENDORS LISTED ON OUR WEB SITE.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR OUR WEB SITE HOST BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
You agree to indemnify and hold us and (as applicable) our 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.
In the event a dispute arises between you and us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and we agree that any claim or controversy at law or equity that arises out of this Agreement ("Claims") shall be resolved through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This Agreement shall be governed in all respects by the laws of the Commonwealth of Pennsylvania as such laws are applied to agreements entered into and to be performed entirely within Pennsylvania between Pennsylvania residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our web site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by us at any time to any other person in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Release), 5 (Liability Limit), 6 (Indemnity) and 7 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
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