These Terms of Use
("Agreement") describe the terms and
conditions (the "Terms") applicable to your
use of the services of Syracuse Wedding
Professionals. ("Syracuse Wedding
Professionals or "We").
By using the Site, you
signify your acceptance of these Terms. If
you do not agree to these terms, please do
not use this Site. We reserve the right to
amend these Terms from time to time without
notice. All modified terms and conditions
shall take effect immediately after posting
to the Syracuse Wedding Professionals
Website. We encourage you to review this
page periodically because any changes will
be binding on you. This Agreement may not be
modified, amended, and/or changed by you in
any manner; however, you may choose to
terminate your membership at your choosing.
This Agreement is effective on December 6th,
2008 for all users.
Syracuse Wedding
Professionals is a
Neutral Venue.
Syracuse Wedding Professionals is a
marketplace for the wedding industry.
Syracuse Wedding Professionals is not a
wedding product or service provider, wedding
vendor or an agent representative. Syracuse
Wedding Professionals members ("Members")
offering products and services related to
Weddings ("Members"). We and the Site
function solely as a neutral venue and
digital clearinghouse where Members and
Vendor Members may connect for a particular
type of service or product. We are not
involved in or a party to the actual
transaction between Members or non Members.
As a result, We have no control over the
quality, accuracy, safety, or legality of
the transactions that take place outside our
Website, the accuracy of listings, or the
ability of Wedding Vendors to provide items
or services and we are not responsible for
the actions or inactions of Wedding Members
or Non Members.
Members:
You acknowledge the following: Syracuse
Wedding Professionals does not provide any
of the products or services advertised or
offered by Members or Non Members. We do not
endorse any Vendor Member or Non Member, nor
do We guarantee the quality of their goods
or services. Any and all communications,
correspondence, verbal or written, or any
warranties or representations, made with
regard to products and services offered
through the Syracuse Wedding Professionals
are not provided by us and are specifically
and solely between you and the Vendor. Any
transaction you enter into with a Vendor is
strictly between you and the Vendor, and
Syracuse Wedding Professionals is not a
party to that transaction. Any dispute you
have with a Vendor is between you and the
Member, and We will not be a party to that
dispute, except regarding your use of the
Site.
We use techniques to help
verify the identity of Wedding Vendors when
they register for memberships on our Site;
however, Syracuse Wedding Professionals
cannot and will not guarantee each service
provider's identity; nor can we guarantee
their capabilities. We have implemented a
user-managed feedback system to help you
evaluate Vendors with whom you are
considering transacting business. In
addition, We cannot guarantee that
information provided by or about Vendors on
the Site is accurate. You should use
Syracuse Wedding Professionals as a starting
point for identifying vendors to provide the
products and services you need for your
event, then conduct your own research to
ensure that vendors you choose to do
business with are appropriate for you.
Membership.
Membership to Syracuse Wedding Professionals
is available only to entities and
individuals at least 18 years of age who can
form legally binding contracts under
applicable law. Our services are not
available to minors or to temporarily or
indefinitely suspended Members. Membership
in Syracuse Wedding Professionals is void
where prohibited. If you are
registering as a business entity, you
represent that you have the authority to
bind the entity to this Agreement. If you
are registering as an individual, you
represent and warrant that you are at least
18 years of age and are able to enter into a
legally binding contract. Vendors who engage
in the sale of goods and services must have
a valid business operations license, as
applicable. By joining Syracuse Wedding
Professionals, you agree to (i) provide us
with accurate, complete information about
yourself and to update this information as
needed.
Prohibited Activities.
Visitors to and Members of the Site may not:
- Create an account in another's name
- Create more than one account
- Use another's account
- Impersonate another person or entity
- Use the Site to break the law or
applicable regulations, encourage others to
do so, or offer instructions on how to do so
- Offer to provide products or services that
violate any applicable law, statute,
ordinance or regulation (collectively
"Laws"), or offer any products or services
in a manner that violates any Laws
- Collect or harvest information about Site
Members, including but not limited to use of
robots, spiders, or similar means
- Use information on the Site to send
unsolicited email to people.
- Do anything that interferes with or places
an undue burden on the Site (as determined
by Syracuse Wedding Professionals in our
sole discretion)
- Use the Site if your membership has been
temporarily or permanently suspended or
revoked
- Violate any terms of this Agreement
Additional Terms and
Conditions.
You acknowledge and agree that We have the
sole discretion to set forth and post
additional terms and conditions for your use
of the Website at various places throughout
the Site. You agree that those additional
terms and conditions shall be considered an
effective amendment to this Agreement and
said terms and conditions shall be
incorporated herein. Furthermore, you
expressly agree that if there is any
conflict between those additional terms and
conditions and the Terms set forth herein,
the Terms set forth herein shall govern.
Protection of
Intellectual Property Content.
The Syracuse Wedding Professionals Site
contains or uses copyrighted material,
inventions, know how, potentially patentable
business method material, design logos,
phrases, names, logos, HTML code and/or
other computer code and/or scripts
(collectively, "Intellectual Property
Content"), all of which, unless otherwise
indicated and/or provided pursuant to a
third party license, are our sole property,
and We retain all appurtenant rights,
interests and title thereto. We also claim
ownership rights under the copyright and
trademark laws with regard to the "look",
"feel", "appearance" and "graphic function"
of this Site, including but not limited to
its color combinations, sounds, layouts and
designs. You agree and acknowledge that your
use of this Site does not confer upon you
any license or permission to use our (or any
third party's) Intellectual Property
Content. You shall not reproduce, modify,
display, sell, or distribute the
Intellectual Property Content, including but
not limited to Submitted Information (as
defined below) contributed by you or any
other person, or use our Intellectual
Property Content in any other way for public
or commercial purposes. All other
trademarks, service marks and copyrights are
held by their rightful owners. You may not
frame or link to the Site without our prior
written permission.
The Site contains
trademarks, trade names, trade dress,
service marks, domain names or other indicia
of ownership (collectively the "Marks")
owned or licensed for use by us, including
but not limited to Syracuse Wedding
Professionals and the Syracuse Wedding
Professionals logo. Unless otherwise agreed
to in writing, you agree that no right,
property, license, permission or interest of
any kind in or to the Marks is or is
intended to be given or transferred to or
acquired by you pursuant to the execution,
performance or non-performance of this
Agreement or any part thereof. You shall in
no way contest or deny the validity of, our
right of title to or license of use for, the
Marks, and you shall not encourage or assist
others directly or indirectly to do so,
during the lifetime of this Agreement and
thereafter. You shall not utilize the Marks
or any similar marks in any manner that
would diminish their value or harm their
reputation. You shall not use or register
any domain name, trademark or service mark
that is identical to or similar to any of
the Marks.
DMCA Notice.
It is Syracuse Wedding Professionals policy
to promptly respond to claims of copyright
infringement. If you believe that an
infringing copyrighted work is accessible on
this Site, you may notify our registered
copyright agent by sending the following
information to the address listed below:
a. The signature of a person authorized to
act on behalf of the owner of the copyright.
This signature can be physical or
electronic.
b. A statement that this person is
authorized to act on behalf of the copyright
owner.
c. A statement that this person has a good
faith belief that the use of the material in
the complained-of manner is not authorized
either by the copyright owner, by the
owner's agent, or by law;
d. A description of the copyrighted work
that you claim has been infringed, and a
description of where the allegedly
infringing material is located on the Site;
e. Your address, telephone number, and
e-mail address.
Please put "Notice of
Infringement" in the subject line of all
such notifications, and send the
notification to:
privacy@syracuseweddingprofessionals.com
Syracuse Wedding
Professionals
Attn: Legal Department
P.O.Box 66
Clark Mills
NY 13321
We will process and
investigate all notices of alleged
infringement as required by the DMCA, and
will remove or disable access to any
material claimed to be infringing or claimed
to be the subject of infringing activity.
When we remove or disable access to any
material claimed to be infringing, we may
attempt to contact the user who has posted
such material in order to give that user an
opportunity to respond to the notification.
If the user posting the material gives a
counter-notification claiming that the use
is authorized, we will furnish that
counter-notification to the complaining
party, and will give the complaining party
an opportunity to seek judicial relief under
the DMCA before we replace or restore access
to any material.
We cannot and will not
evaluate and We are not responsible for the
accuracy, reliability, completeness,
veracity or suitability of any Submitted
Information or for verifying the identity of
the submitting person. Like any information
you obtain through the Internet, you should
verify Submitted Information before acting
upon it. Syracuse Wedding Professionals is
not responsible for any losses you may incur
as a result of relying on Submitted
Information, even if We were advised of the
possibility of such losses.
By posting Submitted
Information to any part of the Site, you
automatically grant, and you represent and
warrant that you have the right to grant, to
Syracuse Wedding Professionals an
irrevocable, perpetual, non-exclusive,
transferable, fully-paid-up, royalty-free,
worldwide license (with the right to
sublicense at multiple levels) to use, copy,
publicly perform, publicly display,
reformat, translate, excerpt (in whole or in
part) and distribute such Submitted
Information for any purpose and in any
format on or in connection with the Site,
the Syracuse Wedding Professionals business,
or the promotion thereof, to prepare
derivative works of, or incorporate into
other works, such Submitted Information, and
to grant and authorize sublicenses of the
foregoing. You may remove your Submitted
Information from the Site at any time;
however you acknowledge that Syracuse
Wedding Professionals may retain archived
copies of your Submitted Information and may
continue to use your Submitted Information
in connection with any materials that were
created prior to your removal of your
Submitted Information, in accordance with
the license described above.
Furthermore, by posting
Submitted Information, you expressly
represent and warrant the following: (i) you
are the owner, with all appurtenant rights
thereto, of any and all communication,
content and/or information that you post on
the Site; or (ii) you are the legitimate and
rightful grantee of a worldwide, royalty
free, perpetual, irrevocable,
sub-licensable, non-exclusive license to
use, distribute, reproduce and distribute
such communication, content and/or
information.
You agree that your Submitted
Information:
- Will not contain your
personal information
- Will not contain another person's personal
information or otherwise invade another's
privacy
- Will not violate or possibly cause us to
violate any applicable law, statute,
ordinance or regulation
- Will not violate the terms of this
Agreement
- Will not infringe any third party's
intellectual property rights including but
not limited to copyright, patent or
trademark rights
- Will not contain obscene, lewd, or
suggestive content and or pornography
- Will not be libelous, threatening,
harassing, racist, or defamatory. This
specifically includes making legal claims of
any sort about Syracuse Wedding
Professionals employees, agents, other
members, or the Site
- Will not contain the proprietary
information of another person or entity
- Will not contain any computer hardware or
software, viruses, Trojan horses, worms,
spy ware, or any other computer programming
that may interfere with the operation of our
Site or our systems and or create or impose
a large burden or load on our Site or
systems
- Will not scan or test the vulnerability or
security of our Site or the system within
which it operates
- Will not be used for commercial or public
purposes outside of the requirements of this
Agreement
- Will not create liability for Syracuse
Wedding Professionals in any manner
whatsoever
- Will not involve the upload, or insertion
of, any programming language or code into or
onto, our Site
You further agree not to
impersonate another person or attempt to
disguise or conceal the author of any
Submitted Information. We reserve the
absolute right, but do not have the
obligation, to remove or restrict any
Submitted Information for any reason or no
reason at all, including but not limited to
Submitted Information you post to the Site
that is in violation of this Agreement or is
otherwise inappropriate, as determined in
Syracuse Wedding Professionals sole
discretion.
You agree to use common sense
and good judgment when conducting or posting
any online communication or distribution of
information. You assume legal responsibility
for and will indemnify us from, all damages
incurred as a result of any of your
Submitted Information.
Review Disputes.
If you undermine the integrity of our Review
system in any way, your membership may be
suspended or terminated. You acknowledge
that your Reviews consists of comments left
by other Syracuse Wedding Professionals
visitors and a composite feedback number
compiled by Syracuse Wedding Professionals.
Visitors may only leave one feedback,
whether positive, neutral, or negative, for
any other Member or Non Member, regardless
of the number of transactions the relevant
they complete with each other.
In order to protect the
integrity of the Review system and protect
from abuse, Syracuse Wedding Professionals
will consider removing a Review under the
following scenarios:
- Feedback or information posted by a person
who has never contracted business with the
Syracuse Wedding Professionals listed
business
- The person who left feedback provided
Syracuse Wedding Professionals with false
contact information during the transaction
period (as determined by Syracuse Wedding
Professionals) and cannot be contacted by
Syracuse Wedding Professionals
- Feedback or information posted seeks to
elicit or solicit any persons contact
information, such as email addresses, for
any non-Syracuse Wedding Professionals
related commercial or business purposes, or
to transmit any unsolicited advertising,
"junk mail," "spam," or "chain letters"
- Feedback or information posted contains
language that is profane, vulgar, racist or
contains adult material
- Feedback or information posted is shown to
have been left by any business who is in
violation of this Agreement, or by or for a
Member who has conducted any fraudulent
transaction
- Feedback or information posted makes any
reference to actions taken or purported to
be taken by Syracuse Wedding Professionals
or any law enforcement organization
- If Syracuse Wedding Professionals is
provided with a ruling or settlement
agreement from a valid and certified dispute
resolution service, or is provided with a
court order finding that the disputed
feedback is slanderous, libelous, defamatory
or otherwise illegal
- The person who left feedback is
participating in a Syracuse Wedding
Professionals transaction with the intent of
leaving feedback as part of a campaign to
harass Syracuse Wedding Professionals
members and non members) (as determined by
Syracuse Wedding Professionals)
Filing a Ratings and
Review Dispute.
Members can contact
disputes@syracuseweddingprofessionals.com
to file a dispute request. In
addition, business's in receipt of a review
will have the opportunity to respond to the
rating publicly within the Syracuse Wedding
Professionals website.
Fraud.
Syracuse Wedding Professionals may suspend
or terminate your account if We suspect that
you have engaged in fraudulent activity in
connection with our Site, as determined in
our sole discretion. Fraudulent acts
include, but are not limited to, the
manipulation of the Review System.
Manipulating Ratings
and Reviews
-
You acknowledge and agree that the Site is a
neutral venue. As a consequence, you
acknowledge that the key component and
integrity of the Site is the ability of
people to leave a Review about you and/or
your services (whether positive, neutral or
negative) AND for other people to read and
evaluate those feedback reviews and make
voluntary choices based upon that feedback.
Therefore, in order to preserve the key
component and integrity of the Site, you
shall NOT:
- Attempt to restrict in any way a persons
right to post a review, by contract or
otherwise;
- Offer a person a bribe in any form in
exchange for a more favorable review;
- Post and/or cut and paste and/or copy the
content of a persons feedback review from
the Site to your own personal or business
site, to any other third party Web site
and/or to or on any of your own personal,
business or third-party
marketing/advertising materials, regardless
of the form;
- Attempt to gain feedback by receiving
multiple feedback from the same person;
- Post or attempt to post, in any manner or
by any means, a feedback review on your own
listing; or
- Misrepresent or impersonate another
business or person.
No Agency.
You hereby agree and acknowledge that your
provision of services and/or your use of the
Site, does not confer or imply any
contractor (independent or otherwise),
agency, partnership, joint venture,
employee-employer or franchiser-franchisee
relationship with us and furthermore that no
affiliation, association or connection
exists between you and us. In no event shall
you have authority to bind, commit, contract
for, or otherwise obligate Syracuse Wedding
Professionals in any manner whatsoever.
Right to Reject or
Remove Members and Non Members.
We reserve the absolute right to reject your
participation, or remove you from your
current participation, in the Syracuse
Wedding Professionals Site at any time and
for any reason or for no reason and without
notice to you. Actions that may result in
the rejection or removal of your
participation can include, but are not
limited to: any violation of the Terms of
this Agreement; any attempt by you to
improperly influence, or cause another to
improperly influence the feedback; or any
attempt by you to harass, or cause another
to harass, or have inappropriate
communications.
Petition for
Reinstatement.
Upon your removal from the Site, you may
petition for reinstatement. Your petition
for reinstatement must include the
following: (i) a written statement as to why
you should be reinstated and (ii) your
contact information. Your Petition will be
reviewed at our discretion and any
determination as to your reinstatement will
be based on our sole judgment. Your
submission of a petition does not, in any
manner, guarantee, that you will be
reinstated and We specifically disclaim any
and all representations with respect to such
guarantee. We will contact you as to our
decision to reinstate you. We are not
obligated to give you any reason or basis as
to our decision. You understand that any
decision as to reinstatement may be a
simple, yes or no. All decisions are final.
Confidentiality/Non-Disclosure.
As a result of the performance of this
Agreement and whether due to any intentional
or negligent act or omission, We may
disclose to you or you may otherwise learn
of or discover, our documents, business
practices, object code, source code,
management styles, day-to-day business
operations, capabilities, systems, current
and future strategies, marketing
information, financial information,
software, technologies, processes,
procedures, methods and applications, or
other aspects of our business ("Our
Information"). You hereby agree and
acknowledge that any and all of Our
Information is confidential and shall be our
sole and exclusive intellectual property and
proprietary information. You agree to use
Our Information only for the specific
purposes as allowed by the performance of
this Agreement. Any disclosure of Our
Information to a third party specifically
including a direct competitor is strictly
prohibited and will be vigorously challenged
in a court of law. All obligations contained
herein shall survive the termination of this
Agreement. Furthermore, you acknowledge that
our information is proprietary, confidential
and extremely valuable to us, and that We
would be materially damaged by your
disclosure of Our Information. You
acknowledge and agree that monetary damages
provide an insufficient remedy for the
breach of this confidentiality obligation,
and that We shall be entitled to injunctive
relief.
Submissions.
We always want to receive messages and
feedback from Syracuse Wedding Professionals
members and non members and welcome any
comments regarding the Site. However, please
be aware that any ideas, suggestions
comments or proposals you send to Syracuse
Wedding Professionals are non-confidential,
shall become the sole property of Syracuse
Wedding Professionals, and you hereby assign
all right, title and interest in such
Submissions. To the extent Submissions
cannot be assigned to Syracuse Wedding
Professionals, you hereby grant and agree to
grant to Syracuse Wedding Professionals all
rights needed for Syracuse Wedding
Professionals to incorporate and
commercialize the suggestions at no charge
or encumbrance to Syracuse Wedding
Professionals and you agree that Syracuse
Wedding Professionals may disclose the
Submissions to any third party in any manner
and you agree that Syracuse Wedding
Professionals has the ability to sublicense
all Submissions in any form to any third
party without restriction. Syracuse Wedding
Professionals shall own all rights therein,
including all intellectual property rights.
Syracuse Wedding Professionals shall be
entitled to use and/or disseminate the
Submissions in any manner and for any
purpose whatsoever, commercial or otherwise,
without compensation or credit to you.
No Warranty.
SYRACUSE WEDDING PROFESSIONALS OUR
EMPLOYEES, AND OUR SUPPLIERS PROVIDE THE
SITE AND THE SERVICES THEREON "AS IS"
WITHOUT ANY WARRANTY OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY. WITHOUT
LIMITING THE FOREGOING, WE SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. SYRACUSE
WEDDING PROFESSIONALS FURTHER DOES NOT
WARRANT THAT THIS SITE OR ANY INFORMATION,
SERVICES OR TOOLS OFFERED ON THIS SITE WILL
MEET YOUR REQUIREMENTS, WILL BE ACCURATE,
COMPLETE OR CURRENT, OR WILL GIVE ACCURATE,
COMPLETE OR CURRENT RESULTS; THAT OPERATION
OF THE SITE, INCLUDING TOOLS OR OTHER
SERVICES OFFERED ON THE SITE, WILL BE
TIMELY, SECURE, UNINTERRUPTED, OR FREE FROM
ERROR OR OMISSION OR FREE FROM VIRUSES OR
OTHER HARMFUL COMPONENTS; OR THAT ANY ERRORS
ON THE SITE WILL BE CORRECTED. SYRACUSE
WEDDING PROFESSIONALS DOES NOT REPRESENT OR
WARRANT THAT DATA YOU STORE ON THE SITE (FOR
EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE
SECURE, AVAILABLE OR PRESERVED. SYRACUSE
WEDDING PROFESSIONALS DOES NOT REPRESENT OR
WARRANT THAT ALL TOOLS OR OTHER SERVICES ON
THE SITE WILL CONTINUE TO BE OFFERED.
Limited Liability.
IN NO EVENT SHALL SYRACUSE WEDDING
PROFESSIONALS, OUR EMPLOYEES, OR OUR
SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE
FOR DIRECT, INDIRECT DAMAGES, LOST PROFITS,
ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, OR DAMAGES OF ANY KIND WHATSOEVER
ARISING OUT OF OR RELATING TO THE USE OF OR
INABILITY TO USE THE SITE, OR FOR ANY
DECISION MADE OR ACTION TAKEN BY YOU IN
RELIANCE ON INFORMATION CONTAINED ON THE
SITE, WHETHER IN AN ACTION FOR BREACH OF
WARRANTY OR CONTRACT, NEGLIGENCE OR OTHER
TORTUOUS ACTION, AND NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
OUR LIABILITY, AND THAT OF OUR EMPLOYEES AND
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF
THE AMOUNT OF FEES YOU PAY TO US IN THE 12
MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY OR $100, NOTWITHSTANDING THE
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
Indemnity.
You agree to indemnify and hold us and 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 in any
manner in whole or in part out of your use
of the Site, including but not limited to (i)
your advertising, provision of or failure to
pay for goods or services promoted on the
Site; and (ii) claims that any of your
Submitted Information includes materials
owned by third parties without
authorization, was defamatory or harassing,
or otherwise violated the rights of any
third party.
Links to Other Sites
This Site may contain links to other sites
which are provided solely as a convenience
to you. Syracuse Wedding Professionals is
not responsible for the availability of
external sites or resources linked to the
Site, and does not endorse and is not
responsible or liable for any content,
advertising, products or other materials on
or available from such sites or resources.
Transactions that occur between you and such
third-party sites are strictly between you
and the third party and are not the
responsibility of Syracuse Wedding
Professionals. Because Syracuse Wedding
Professionals is not responsible for the
availability or accuracy of these outside
resources or their contents, you should
review the terms and conditions and privacy
policies of these linked sites, as their
policies may differ from ours.
Legal Compliance.
You shall comply with all applicable
domestic and international laws, statutes,
ordinances and regulations regarding your
use of our service and your listing,
shipping, transporting, and solicitation of
offers to ship and transport items.
Governing Law; Venue and
Jurisdiction.
By visiting or using the Site, you agree
that the laws of the State of New York,
without regard to principles of conflict of
laws of any state or jurisdiction, will
govern these Terms and any dispute of any
sort that might arise between you and
Syracuse Wedding Professionals or any of our
affiliates. With respect to any disputes or
claims not subject to arbitration (as set
forth below), you agree not to commence or
prosecute any action in connection therewith
other than in the state and federal courts
of New York, and you hereby consent to, and
waive all defenses of lack of personal
jurisdiction and forum non conveniens with
respect to, venue and jurisdiction in the
state and federal courts of New York.
Arbitration.
Disputes between you and Syracuse
Wedding Professionals regarding the Site and
our services should be reported to
support@syracuseweddingprofessionals.com. We
will attempt to resolve any disputes you
have with us. Because We are a neutral venue
We are not responsible for resolving any
disputes between you and members regarding
services or transactions. Any claim or
controversy arising out of or relating to
your use of this Site, to the goods or
services provided through Syracuse Wedding
Professionals, this Agreement, or to any
acts or omissions for which you may contend
Syracuse Wedding Professionals is liable,
including but not limited to any claim or
controversy as to arbitrability ("Dispute"),
shall be finally, and exclusively, settled
by arbitration. The arbitration shall be
held before one arbitrator under the
commercial arbitration rules of the American
Arbitration Association ("AAA") in force at
that time. The arbitration shall be
conducted in Syracuse, New York. The
arbitrator shall be selected pursuant to the
AAA rules. Should no AAA rule regarding the
selection of an arbitrator be in effect, the
Member shall select an arbitrator from a
panel of arbitrators acceptable to Syracuse
Wedding Professionals. In any arbitration,
the parties will split the cost of the
filing fee, plus the costs associated with
the first day of arbitration, with the
remaining costs of arbitration paid by the
non-prevailing party, provided, however,
that in main any cost to the consumer shall
be limited to the cost of filing a court
case. To begin the arbitration process, a
party must make a written demand therefore.
Any judgment upon an award
rendered by the arbitrators may be entered
in any court of competent jurisdiction in
Syracuse, New York. The arbitrators shall
not have the power to award damages in
connection with any Dispute in excess of
actual compensatory damages and shall not
multiply actual damages or award
consequential, punitive or exemplary
damages, and each party irrevocably waives
any claim thereto. The agreement to
arbitrate shall not be construed as an
agreement to the joinder or consolidation of
an arbitration under this Agreement with an
arbitration of disputes or claims of any
non-party, regardless of the nature of the
issues or disputes involved.
THIS AGREEMENT PROVIDES THAT
ALL DISPUTES BETWEEN YOU AND SYRACUSE
WEDDING PROFESSIONALS WILL BE RESOLVED BY
BINDING ARBITRATION. YOU THUS GIVE UP YOUR
RIGHT TO GO TO COURT TO ASSERT OR DEFEND
YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO
PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR
RIGHTS WILL BE DETERMINED BY NEUTRAL
ARBITRATORS AND NOT A JUDGE OR JURY. You are
entitled to a fair hearing, but the
arbitration procedures are simpler and more
limited than rules applicable in court.
Arbitrator decisions are enforceable as any
court order and are subject to very limited
review by a court. By using Syracuse wedding
Professional's
goods and services or the Site, you consent
to these restrictions.
Should a Dispute arise and
should the arbitration provisions herein
become inapplicable or unenforceable, or in
any instance of any lawsuit between you and
Syracuse Wedding Professionals, the parties
agree that jurisdiction over and venue of
any suit shall be exclusively in the state
and federal courts sitting in Syracuse, New
York. If either party employs attorneys to
enforce any right in connection with any
Dispute or lawsuit, the prevailing party
shall be entitled to recover reasonable
attorneys' fees.
Security.
Syracuse Wedding Professionals uses
industry standard practices to safeguard
your personal information, including
firewalls and Secure Socket Layers. We
utilize several different security
techniques to protect data from unauthorized
access, but We cannot guarantee the security
of our system. We also do not guarantee
uninterrupted or secure access to our
system, as the operation of our Site can be
interrupted by numerous factors outside of
our control.
General.
This Agreement may not be modified,
supplemented, qualified, or interpreted by
any trade usage or prior course of dealing
not made a part of the Agreement by its
express terms. The invalidity or
unenforceability of any provision of this
Agreement shall not affect the validity of
this Agreement as a whole and any such
provision should be enforced by authorities,
and reconstructed if need be, to apply to
the maximum extent allowable under
applicable law. The failure by Syracuse
Wedding Professionals to enforce at any time
any of the provisions of this Agreement, to
exercise any election or option provided
herein, or to require at any time the
performance of the other of any of the
provisions herein will not in any way be
construed as a waiver of such provisions.
Reasonable attorneys' fees and costs will be
awarded to the prevailing party in the event
of arbitration or litigation involving the
enforcement or interpretation of this
Agreement. You agree that other than
affiliates or subsidiaries of Syracuse
Wedding Professionals, there are no intended
third-party beneficiaries of this Agreement.
The section headings used herein are for
convenience only and shall not be given any
legal import.
Disclaimer:
All businesses listed on this site
as Members or Non Members are listed here
Pursuant to Title 17,
United States Code, Section 512© (2) Trademarks and
Dress are protected and belong to the individuals.
Pursuant to Title 17, United States Code, CHAPTER
1, 107 107. Limitations on exclusive rights: Fair
use.
The mentioned
individuals or Company's are appearing on this
website for criticism, comment, news reporting or
research, and is not an infringement of copyright.
The below mentioned
individuals are appearing on this website for
criticism, comment, news reporting or research, and
is not an infringement of copyright.
We strive to report only accurate
information to our readers. If you feel the
information contained on this page is inaccurate or
misleading, please contact us immediately. This will
allow us to take appropriate action to remedy the
inaccurate or misleading information, or verify the
truth of the matter being reported. Contact
webmaster by clicking here:
webmaster@syracuseweddingprofessionals.com
Copyright 2008 Association of
Syracuse Wedding Professionals.com