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BridalTrack.com's Terms Of Service Rainbows Puppies & Sunshine, LLC welcomes you to its wholly owned and operated site, BridalTrack.com ("BridalTrack"). BridalTrack provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.bridaltrack.com/tos.php 1. Acceptance Of Terms When using particular BridalTrack owned or operated services, you and BridalTrack shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the TOS. Rainbows Puppies & Sunshine, LLC may also offer other services that are governed by different Terms of Service. 2. Description Of Service BridalTrack provides users with access to a wealth of resources, including various communications tools, data services and personalized output, all of which hereafter is referenced as the "Service". You understand and agree that the Service may include advertisements and that these advertisements are necessary for BridalTrack to provide the Service. You also understand and agree that the Service may include certain communications from BridalTrack, such as service announcements, administrative messages and other BridalTrack initiated communications deemed as such, and that these communications are considered part of BridalTrack membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that BridalTrack assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 3. Your Registration Obligations In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"). Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or BridalTrack has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BridalTrack has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof. 4. BridalTrack Privacy Policy Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at: http://www.bridaltrack.com/privacy.php You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by BridalTrack and its affiliates. 5. Member Accounts, Passwords And Security You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: Immediately notify BridalTrack of any unauthorized use of your password or account or any other breach of security. Ensure that you exit from your account at the end of each session. BridalTrack cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. Member Conduct Under no circumstances will BridalTrack be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. Intentionally or unintentionally violate any applicable local, state, national or international law. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by BridalTrack or submitted to BridalTrack. You acknowledge, consent and agree that BridalTrack may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: Comply with legal process; Enforce the TOS; Respond to claims that any content violates the rights of third parties; Respond to your requests for customer service; Protect the rights, property or personal safety of BridalTrack, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by BridalTrack and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. 7. Interstate Nature Of Communications On BridalTrack When you register with BridalTrack, you acknowledge that in using BridalTrack services to send electronic communications (including but not limited to email, search queries, downloading files, and other Internet activities), you will be causing communications to be sent through BridalTrack's computer networks. As a result of the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions. 8. Content Made Available By The Service "Publicly accessible" areas of the Service are those areas of BridalTrack that are intended by BridalTrack to be available to the general public. By way of example, publicly accessible areas of the Service would include BridalTrack Guides and all portions of BridalTrack that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of BridalTrack that are limited to members. 9. Indemnity You agree to indemnify and hold BridalTrack and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content on the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 10. No Resale Of Service You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the BridalTrack, use of the Service, or access to the Service. 11. General Practices Regarding Use And Storage You acknowledge that BridalTrack may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that accounts remain active and associated data will be retained by the Service, the maximum number of contacts that may be stored by an account on the Service, the maximum size of text that may be received by an account on the Service, the maximum disk space that will be allotted on BridalTrack servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BridalTrack has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that BridalTrack reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BridalTrack reserves the right to modify these general practices and limits from time to time. 12. Modifications To Service BridalTrack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BridalTrack shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 13. Termination You agree that BridalTrack may, under certain circumstances and without prior notice, immediately terminate your BridalTrack account and access to the Service. Cause for such termination shall include, but not be limited to: Breaches or violations of the TOS or other incorporated agreements or guidelines; Requests by law enforcement or other government agencies; A request by you on your account; Discontinuance or material modification to the Service or any part thereof; Unexpected technical or security issues or problems. Extended periods of inactivity; Engagement by you in fraudulent or illegal activities; Nonpayment of any fees owed by you in connection with the Service. Termination of your BridalTrack account includes, but is not limited to: Removal of access to all offerings within the Service; Deletion of your password and related information of your account; Barring of further use of the Service. Further, you agree that all terminations for cause shall be made in BridalTrack's sole discretion and that BridalTrack shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. 14. Dealings With Advertisers Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that BridalTrack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 15. Links The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BridalTrack has no control over such sites and resources, you acknowledge and agree that BridalTrack is not responsible for the availability of such external sites or resources, 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. You further acknowledge and agree that BridalTrack shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 16. BridalTrack's Proprietary Rights You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or copyrights, trademarks, service marks, patents or other proprietary rights and laws protect information presented to you through the Service or by advertisers. Except as expressly authorized by BridalTrack or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. BridalTrack grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BridalTrack for use in accessing the Service. 17. Disclaimer Of Warranties You expressly understand and agree to all of the following: Your use of the Service is at your sole risk. The Service is provided on an "As-Is" and "As Available" basis. BridalTrack and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. BridalTrack and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that: The Service will meet your requirements; The service will be uninterrupted, timely, secure or error-free; The results may be obtained from the use of the Service will be accurate or reliable; The quality of any products, services, information or other material obtained by you through the Service will meet your expectations; Any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from BridalTrack or through or from the service shall create any warranty not expressly stated in the TOS. 18. Limitation Of Liability You expressly understand and agree that BridalTrack and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indiret, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (including instances where BridalTrack has been advised of the possibility of such damages), resulting from: The use or the inability to sue the service; The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; Unauthorized access to or alteration of your transmissions or data; Statements or conduct of any third party on the Service; Any other matter relating to the Service. 19. Exclusions And Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 16 and 17 may not apply to you. 20. No Third-Party Beneficiaries You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement. 21. Notice BridalTrack may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service. 22. Trademark Information The BridalTrack logo, BridalTrack trademarks and service marks and other BridalTrack logos and product and service names are trademarks of BridalTrack Inc. (the "BridalTrack Marks"). Without BridalTrack's prior permission, you agree not to display or use in any manner the BridalTrack Marks. 23. General Information Entire Agreement--The TOS constitutes the entire agreement between you and BridalTrack and governs your use of the Service, superseding any prior agreements between you and BridalTrack with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BridalTrack services, affiliate services, third-party content or third-party software. Choice of Law and Forum--The TOS and the relationship between you and BridalTrack shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. You and BridalTrack agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Johnson, Kansas. Waiver and Severability of Terms--The failure of BridalTrack to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability--You agree that your BridalTrack account is non-transferable and any rights to your BridalTrack account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations--You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles--The section titles in the TOS are for convenience only and have no legal or contractual effect. 24. Violations Please report any violations of the TOS to BridalTrack Administrator. Effective Date 4/1/2006