PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
The information contained in this Site is solely for use by residents of the United States, its territories, possessions and protectorates. If you access this Site from outside the United States, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you live.
TERMS AND CONDITIONS OF USE
Updated November 23, 2010
These Terms and Conditions of Use (these "Terms") apply to www.thegroomslist.com ("Site"). The Site is owned, operated, licensed, or controlled by The Groom's List LLC ("The Groom's List").
1. Agreement to Terms and Conditions. By accessing, visiting, and/or using the Site, you, the user: (a) acknowledge that you have read and understand these Terms; and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Site. The Groom's List may change these Terms at any time by posting the change to the Site. Please check these Terms periodically for changes. Your access or use of the Site after these Terms have been changed will constitute your agreement to be bound by those changes. The date these Terms were last modified is set forth above.
2. Intellectual Property Infringement Claims. The Groom's List will promptly process, investigate, and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively, "Copyright Law"). If you own the copyright of any works displayed on the Site, or if you are the agent of the copyright owner, and you believe the Site violates your intellectual property rights, please provide The Groom's List's copyright agent with a notice that includes the following information: (a) a description of the copyrighted work that you believe has been infringed and enough information that will allow The Groom's List to locate that work (e.g., the URL where that work is posted or the author and name of the book in which that work was originally published); (b) the specific Site, and location on that Site, of the work that you believe infringes the copyright owner's work and that you are asking The Groom's List to remove from the Site; (c) contact information for you and the copyright owner; (d) a statement that you have a good faith belief that The Groom's List's use of the copyrighted work in the described manner is not authorized by the copyright owner, its agent, or applicable law; (e) a statement that, under penalty of perjury, all information in your Copyright Notice is accurate and that you are the copyright owner or authorized agent of the copyright owner; and (f) your signature (either electronic or physical). Upon receipt of a notice that contains all of this information, The Groom's List will act to promptly evaluate your claim of infringements and will take whatever action is required by the applicable Copyright Law, which may include removing or disabling access to any infringing works.
Send Copyright Notices to The Groom's List's copyright agent at:
The Groom's List LLC, Attn: Copyright Agent
c/o Tonkon Torp LLP
888 S.W. Fifth Avenue, Ste. 1600
Portland, OR 97204
Attention: James K. Hein
Telephone: (503) 802-2129
Fax: (503) 972-3829
Only Copyright Notices should be sent to The Groom's List's Copyright Agent. Send all other questions and comments to firstname.lastname@example.org.
3. Security Rules. You agree not to violate or attempt to violate the security of any Site, including without limitation: (a) accessing data that is not intended for your use; (b) using any other person's username or password or otherwise logging on to a server or account that you are not authorized to access; (c) probing, scanning, or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, or other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; or (f) sending promotions and/or advertising products and/or services.
4. Restriction on Use of Materials. The materials that are included in or displayed on the Site, including without limitation images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for the Site, and other materials (collectively, the "Materials"), include both registered and unregistered copyrights, trademarks, service marks, trade dress, and/or other intellectual property owned or licensed by The Groom's List. Without The Groom's List's prior written permission, you may not (a) use the Materials on any other website or in any advertising or publicity or for any other commercial purpose; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit, or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
5. Trademarks and Service Marks. The Groom's List® and The Groom's List From Proposal To Honeymoon®are trademarks and service marks of The Groom's List. All other marks and logos that appear throughout the Site belong to The Groom's List or to others and are protected by United States and international copyright and trademark laws. Any use of any marks appearing in the Site, without the express written permission of The Groom's List, is strictly prohibited.
6. Your Participation in and Postings on Forums.
6.1 Discussion Groups and Social Networking Services. "Forum" means a discussion group, chat area, social networking service, bulletin board, email, or any other function provided by the Site in which visitors post or otherwise contribute information. By using any Forum, you agree that you will comply with the rules, representations, and warranties set forth in this Section 6.
6.2 Registration Information. If you are required to register in order to participate in a Forum, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once, or use more than one username; (b) register under the name of any other person, or choose a username that suggests you are or are affiliated with any other person or entity; (c) register a username that is offensive; (d) register a username or provide information that is deceptive or misleading to others or that incorporates a solicitation.
(a) the Transmission does not:(i) violate any law, regulation, or third party right; (ii) contain any nudity, pornographic, or other adult material; (iii) contain any obscenities or material that libels, slanders, or defames any person, facility, company, organization, or product; (iv) invade the privacy of any person, infringe the copyright, trademark, trade secret right, or other proprietary rights of any person, or constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; or (vii) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of la
(b) you will not: (i) use the Site for any commercial purpose, including without limitation advertisements; (ii) use the Site to solicit funds, goods, or services; (iii) solicit other visitors to the Site to join or become a member of any commercial online club, service, or other organization; (iv) post chain letters or pyramid schemes; or (v) post a link to any website that contains or does any of the prohibited actions described in subsections 6.3(a) or (b); and
(c) you will not impersonate another person.
6.4 Member Profiles. Unless you choose to make your profile available to both members and visitors to a Forum, your profile will be displayed only to other members of that Forum. Do not give out to others or display in any Forum any information that you do not want made public. Disclosure of your full name, email address, street address, phone number, or password creates safety risks and may result in unsolicited communications.
6.5 Monitoring. The content of each Forum is created by visitors to that Forum, and those visitors are solely responsible for that content. The Groom's List does not represent or warrant the reliability, accuracy, or truthfulness of that content. Although The Groom's List is not obligated to do so, it may monitor Transmissions posted on the Forums. Because The Groom's List does not monitor Transmissions on a constant, real time basis, please report any objectionable postings to us at email@example.com.
7. Nature of Information Provided by The Groom's List. The information contained on the Site has been collected and/or prepared by The Groom's List as a service to its visitors. While The Groom's List has used reasonable efforts to verify that the information on the Site is useful to its visitors, The Groom's List does not warrant or guaranty its accuracy or timeliness. You agree not to disclose or otherwise make public (e.g., on any Forum or anywhere else on the Internet) any communications The Groom's List sends you concerning your participation in any Forum or any related matters.
8. Disclaimer of Professional Advice. None of the content on the Site is intended to constitute advice of a professional nature. Your reliance on the content of the Site is solely at your own risk.
9. General Disclaimers of Warranties. All information and other Material, whether included in a Forum, in a directory, or in any page of the Site, is provided "AS IS" and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, THE GROOM'S LIST DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, TITLE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE GROOM'S LIST DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ANY MATERIALS, OR ANY SERVER(S) USED BY THE GROOM'S LIST ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE GROOM'S LIST DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, CORRECTNESS, ACCURACY, RELIABILITY, OR TRUTHFULNESS OF THE SITE, ANY MATERIALS, OR ANY WEBSITES LINKED TO OR FROM THE SITE.
10. Advertisements, Directory and Linking Disclaimers, and Warning. The Groom's List sells advertising space to third parties that provide goods and/or services ("Advertisers"), and the Site may include links to websites owned and operated by others ("Third Party Websites"). The directory listings, advertisements, and Third Party Websites are generally created and owned by Advertisers or other parties, and they are the responsibility of those persons and not of The Groom's List. Consequently, The Groom's List cannot and does not represent or warrant the validity, correctness, accuracy, reliability, or truthfulness of any advertisements, directory listings, or Third Party Websites. Although The Groom's List may periodically attempt to verify the accuracy of advertisements, directory listings, and Third Party Websites, The Groom's List will not be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors, or other inaccuracies of any information included in the advertisements, the directory listings, or the Third Party Websites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment, and caution in relying on information in any directories and advertisements included in the Site and in any Third Party Websites. You bear all risk associated with the information in the Site, including all advertisements, directory listings, and Third Party Websites, and your use of any such information is subject in all respects to these Terms. The Groom's List reserves the right to terminate any links to other websites without notice.
11. Limitation of Liability; Release and Indemnity. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL THE GROOM'S LIST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON THE SITE, THE MATERIALS, FORUMS, OR THE TRANSMISSIONS; INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE MATERIALS, THE FORUMS, OR THE TRANSMISSIONS, EVEN IF THE GROOM'S LIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOUR USE OF THE SITE, THE MATERIALS, THE FORUMS, OR THE TRANSMISSIONS RESULTS IN THE NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT, SOFTWARE, OR DATA, YOU ASSUME ALL COST RELATED TO THAT SERVICE, REPAIR, AND CORRECTION. YOU RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST THE GROOM'S LIST ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE MATERIALS, THE FORUMS, OR THE TRANSMISSIONS. YOU ALSO AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE GROOM'S LIST FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEY FEES PRIOR TO AND AT ANY TRIAL OR ARBITRATION PROCEEDING, INCLUDING IN ANY BANKRUPTCY COURT AND IN ANY POST JUDGMENT PROCEEDINGS, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE MATERIALS, THE FORUMS, OR THE TRANSMISSIONS OR FAILURE TO ABIDE BY APPLICABLE LAW.
12. No License. Except as expressly provided otherwise in these Terms, nothing in the Site, including these Terms, grants, by implication, estoppel, or otherwise, any license or right to use any Materials or Transmissions without the prior written permission of the owner of the Materials or Transmissions.
13. United States Government Restricted Rights. The Materials on the Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure of any Materials by the United States Government is subject to restrictions as provided in applicable law and regulations. Use of any Materials by the United States Government constitutes its acknowledgment of The Groom's List's proprietary rights in them.
15. Governing Law. These Terms and all claims, disputes, and controversies that may arise in connection with these Terms and the Site will be governed by the internal laws of the State of Oregon without regard to its choice of law rules. In no event will these Terms or any claims, disputes, or controversies in connection with these Terms or the Site be governed by any international treaty or convention, including without limitation, the Convention for the International Sale of Goods. These Terms give you specific legal rights, and you may also have other rights which vary from state to state.
16. Jurisdiction. The Site is controlled and operated from The Groom's List's offices within the State of Oregon. You agree that the exclusive jurisdiction for any claim, dispute, or controversy relating to the Site, including these Terms, will be the state and federal courts located in Portland, Oregon; that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Portland, Oregon is an inconvenient forum.
17. Headings. The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
18. Separate Agreements. If any provision of these Terms is determined by a court to be unlawful, void, or unenforceable for any reason, then the court shall reform the provision to the least extent necessary to render the provision enforceable.
19. Entire Agreement. Thisis the entire agreement between you and The Groom's List relating to the subject matter of these Terms. Except as expressly provided in Section 1, these Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of The Groom's List.
20. Other Terms and Conditions. These Terms apply to all uses of the Site unless you and The Groom's List have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.
21. Notices, Questions, and Communications. If you wish to contact The Groom's List, please direct all inquiries (except for claims of copyright infringement) to firstname.lastname@example.org. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above.
Copyright 2010 – The Groom's List LLC. All rights reserved.