The Marriage Movement welcomes you to our website. These Terms and Conditions (“Terms”) apply to and govern your use of, and access to www.themarriagemovement.com (the “Website”), that we provide. Throughout this Agreement, the terms “TMM,” “the Company,” “we,” “us,” and “our” refer to The Marriage Movement, LLC. The services we provide will be referred to as “Service” and you will be known as the “User.” Vendors you may interact with through the Service will hereby be referred to as “Vendor.” By using the Service and the Website, you expressly agree to these Terms and Conditions and any of the related policies or guidelines, including any subsequent changes or modifications to them. 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 Website. If you do not agree to these Terms or any changes, please do not access or otherwise continue to use this Website.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ABRITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
TMM is a forum that facilitates communication between User and Vendor for services related to weddings. TMM acts as a venue for Vendors and purchasers of wedding services to exchange information with the goal of eventually forming a business relationship. TMM does not guarantee that User will successfully find a Vendor to his/her liking through this system. Likewise, TMM does not involve itself in any agreement between User and Vendor. We do not guarantee the completion of any agreement between User and Vendor. User is solely responsible for assessing the integrity, honesty, experience, capability, and reliability of any Vendor with whom User communicates through this Website. TMM does not endorse any particular Vendor.TMM makes no representation regarding any Vendor’s qualifications, nor does it sanction any statement a Vendor may post on the Website or communicate to the User. TMM does not screen any potential Vendor.
User Acknowledgements. User acknowledges TMM does not provide any of the products or services advertised or offered by Vendors and as such any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to products and services are specifically and solely between you and the Vendor. Any agreement entered into by a User with a Vendor is strictly between the User and the Vendor, and TMM is not a party to that agreement. Any dispute arising from such agreement shall be between the User and the Vendor, and TMM will not be a party to that dispute, except regarding your use of the Website.
User additionally acknowledges TMM cannot and will not guarantee Vendor’s identity; ability to perform services, or that it has the necessary permits, licenses to complete the services agreed upon or that it complies with applicable laws. TMM cannot guarantee that information provided by or about Vendors on the Website is accurate.
User understands and acknowledges that while there is no charge or fee to User for the use of this Service, Vendor does pay a fee to TMM in order to use this Service and solicit business from User.
Membership Conditions. User Membership is restricted to entities and individuals at least 18 years of age and legally capable of forming binding contracts under applicable law. User Membership is void where prohibited.
By registering as a User you agree to the following:
- You represent and warrant you are at least 18 years of age and are able to enter into a legally binding contract;
- You will provide us with accurate, complete information about yourself and update this information as needed;
- You will abide by all of the terms and conditions of this Agreement;
- You will protect your username and password and will not share this information, use another User’s account, create more than one account, or create an account in any name but your own;
- You will be responsible for all activity of your User Account;
- You will not use the Website to break the law or encourage others to do so;
- You will not collect or mine User data to send unsolicited emails or for any other purpose;
- You will not violate any terms of this Agreement.
TMM reserves the right to suspend the membership of any User who engages in offensive and detrimental behavior, including behavior that shocks, insults, or offends the community and public morals and decency, including through making racist, discriminatory, or offensive comments.
We may modify this Agreement, add additional terms and conditions, or otherwise modify the Terms, at any time without limitation including changes in how we interact or communicate with you and changes in any relevant Law. You are responsible to review the Terms for changes from time to time. Your continued use of our Website after the effective date of any Changes will constitute your acceptance of any such Changes. 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 additional terms and conditions shall govern. Unless otherwise provided by this Agreement or applicable Law, Changes will only apply after their effective dates and will not apply retroactively.
TMM reserves the right to discontinue the Website without notice. User agrees that TMM shall not be liable to User or any third party for any modification or discontinuance of the Service. User acknowledges and agrees that any termination of Service may be without prior notice, and agrees that TMM may immediately delete data and files in the User’s account and bar any further access to the files. User expressly agrees that the use of the Service is at User’s own risk.
Release for User and Vendor Disputes
User agrees to be solely responsible for interactions with other Users and Vendors. TMM shall not party to any such disputes. You agree to release TMM, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any disputes between you and any third parties or in any way related to goods, services, or events involving third parties. If you are a California resident, you waive California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
TMM, 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. TMM 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. WEDDINGWIRE DOES NOT REPRESENT OR WARRANT THAT DATA YOU STORE ON THE SITE (FOR EXAMPLE, IN CONNECTION WITH TOOLS) WILL BE SECURE, AVAILABLE OR PRESERVED. WEDDINGWIRE DOES NOT REPRESENT OR WARRANT THAT ALL TOOLS OR OTHER SERVICES ON THE SITE WILL CONTINUE TO BE OFFERED.
IN NO EVENT SHALL TMM, 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 TORTIOUS 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.
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 Website, including but not limited to 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 Website may contain links to other sites which are provided solely as a convenience to you, or which are provided by other Members. TMM is not responsible for the availability of external sites or resources linked to the Website, 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 TMM. Because TMM 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.
General. YOU AND WE AGREE TO RESOLVE DISPUTES ARISING UNDER, CONCERNING, OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, ITS VALIDITY (INCLUDING ANY CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE), ITS TERMINATION, OR ITS SUBJECT MATTER, OR ANY USE OR INABILITY TO USE THE WEBSITE, ONLY BY MANDATORY, FINAL, BINDING ARBITRATION. THAT MEANS YOU ARE WAIVING THE RIGHT TO A TRIAL BY JUDGE OR JURY, SINCE THERE IS NONE IN ARBITRATION. IN ARBITRATION, THE PROCEDURES MAY BE DIFFERENT THAN IN COURT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. YOU AGREE THAT IN SOME CASES, THE LAW PERMITS THE PREVAILING PARTY TO BE REIMBURSED FOR ITS ATTORNEYS FEES, AND THE SAME APPLIES TO DISPUTES THAT YOU RAISE IN ARBITRATION.
Waiver of Rights. IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY, TO ENGAGE IN DISCOVERY, AND TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS THE RIGHT TO APPEAL THE ARBITRATOR’S AWARD, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU.
YOU UNDERSTAND AND AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOU AND THE COMPANY AND WILL NOT BE PART OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING.
NO CLASS ACTIONS. EVEN IF APPLICABLE LAW, OR THE ARBITRATOR OTHERWISE PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, THE DISPUTE RESOLUTION PROCEDURE SPECIFIED HERE APPLIES AND YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS – THAT IS – TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Other Important Terms
Governing Law. The laws of the State of California will govern any disputes relating to the Website, Services or these Terms, notwithstanding the conflicts of laws rules or any other jurisdiction. With respect to any disputes or claims not subject to arbitration (as set forth above), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, 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 California.
Entire Agreement. This Agreement constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us, which is not set out in this Agreement.
Our Assignment. We may transfer or assign our rights and obligations under this Agreement to another entity, but this will not affect your rights or our obligations under this. We will endeavor to notify you in writing if this happens.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, including without limitation anything regarding the arbitration process, such provision will be struck from this Agreement only to the extent it is invalid or unenforceable. Unless otherwise provided, all other terms of this Agreement will remain in full force and effect.
Waiver. If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Survival. Any terms of this Agreement, which by their nature should survive will survive the termination of this Agreement.