This site is operated by Ever After (“EA”) and this Terms of Use Agreement (“Terms”) contains details about the relationship between you (the "User") and EA as it relates to use of this site. These Terms may be updated from time to time without notice to you. Your continued use of this site will constitute your affirmative acceptance of these Terms and any amendments and your agreement to the Terms thereof. If you do not agree with the Terms we ask that you refrain from using the site.
Please take this opportunity to also review the EA Privacy Policy (“Policy”) below as your continued use of this site shall be deemed acceptance of this Policy as well. This Policy may also be updated and changed from time to time. You also acknowledge and agree that any information you provide to a Participating Vendor is subject to that Participating Vendor's own privacy and data collection policies.
LicenseSubject to these Terms, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you adhere to this Terms, to access, participate in and use the EA’s services. You agree that you obtain no rights other than the rights and licenses expressly granted to User in these Terms.
FeesWe will receive consideration from Venue Providers participating in the EA process ("Venue Providers") with respect to your purchase of products/services from a Venue Provider. Venue Providers.
It is up to you to negotiate the terms and conditions with any Venue Provider providing products or services to you. To receive credit for amounts paid to Venue Providers, qualify for any promotions or other benefits associated with the EA site, you will need to use the quote request system to contact the Venue Provider or use the assistance of our Wedding Venue Consultants to locate and report the booking to us. Venue Providers have agreed with us that they will not charge the user higher rates or any additional fees than those it charges to non-members. Please let us know immediately if you think this is not the case with a Participating Vendor.
You agree that EA is not an agent of any Venue Provider and that Venue Providers operate independently of, and are not under the control of, EA with respect to the services or products they offer. Further, your relationship and contract with any Venue Provider is solely between you and that Venue Provider. We do not assume any liability, obligation or responsibility for any part of any such relationship or contract. Also, no Venue Provider assumes any liability, obligation or responsibility for our conduct with respect to the EA services. We do not provide any warranty with respect to the services/products of any Venue Provider. If you have any problem with the services and/or products provided by any Venue Provider, you will need to address that problem with the Venue Provider. We welcome hearing about your satisfaction or dissatisfaction with the services/products of any of our Venue Provider. Venue Provider receiving Member complaints are subject to removal from participation in the EA System at our discretion.
Member ObligationsYou agree that you will not, and will not permit others to:
a. modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the EA Service;
b. engage in any activity that does not comply with U.S. law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the EA Service;
c. introduce into the EA Service any code intended to disrupt the EA Service, alter or delete its Content, access confidential Content on our website or interfere with the operation of the EA Service, including, but not limited to, distribution of unsolicited advertising or mail messages or propagation of computer worms and viruses;
d. post any material in any form whatsoever on our website or within the EA Service that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or
We may, in our sole discretion, at any time and without prior notice:
a. discontinue transmitting all or any part of the content related to the EA Service;
b. change, discontinue or limit access to the EA Service or any functionality, feature or other component of the EA Service; or
c. suspend or terminate your use of or access to all or part of the EA Service upon giving you notice of such suspension or termination.
You acknowledge that in order to administer the EA Services, we will collect information about you and your bookings and purchases from Venue Providers. You authorize Venue Providers and their respective agents to disclose to us any and all information with respect to your booking and purchases from such Venue Providers. Certain Disclaimers; Indemnification.
i. THE EA SERVICE IS PROVIDED ON AN "AS-IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIALS RELATED TO THE EA SERVICE AND DO NOT WARRANT THAT THE FUNCTIONALITY OF THE EA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EA SERVICE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ii. EA'S WEBSITE AND THE EA SERVICE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, OR RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENCY, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE EA WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY VENUE PROVIDERS OR VENUE PROVIDERS IN CONJUNCTION WITH THE EA SERVICE.
Ever After strives to maintain the highest quality of customer service while fielding calls. In order to improve and maintain a high level of customer service, EA encourages ongoing training for its employees. Communication by telephone continues to be a critical tool in providing information, advice, and assistance to training. To that end, EA routinely monitors and records both incoming and outgoing calls for the purpose of: (1) improving customer satisfaction; (2) assessing and improving processes; (3) creating visible accountability for performance; (4) maintaining quality standards; (5) improving efficiency and productivity; (6) creating a record of transactions to demonstrate compliance; (7) improving training with respect to service calls; and (8) other lawful purposes. This policy does not form an agreement of any kind and may be amended, revised, and rescinded at EA discretion.
Exclusion of Certain DamagesWe will not be liable for any damages, including indirect or consequential damages, arising from:
i. any failure to screen users of the EA Service;
ii. acts or omissions of any users of the EA Service;
iii. materials posted by, or of, any party other than EA or any use thereof;
iv. the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or
v. any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond our reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.
Neither EA nor any Participating Vendor or third party tracking agent shall be liable for your failure to receive important information about the EA Service as a result of a computer system failure or interruption or hardware devices or software on your computer or network.
IndemnificationYou agree to indemnify EA, any Venue Provider, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of these Terms or for any information, instructions or materials in any form whatsoever that are provided by you. You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve in our reasonable discretion the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
Limitation of Liabilitya. EA, ANY PARTICIPATING VENDOR, VENUE PROVIDER, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE EA SERVICE, THE INFORMATION CONTAINED ON THE EA WEBSITE, OR (EXCEPT IN THE CASE OF THE APPLICABLE PARTICIPATING VENUE) ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED BY VENUE PROVIDERS OR VENUE PROVIDERS IN CONJUNCTION WITH THE EA SERVICE, EVEN IF ANY SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW
Generala. Governing Law. The validity, construction and interpretation of these Terms, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflicts of laws principles. Each party hereto agrees that all claims relating to these Terms will be heard exclusively by a state or federal court in Clark County, Nevada. Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court located in Clark County, Nevada over any proceeding related to these Terms, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum.
b. Disputes - Mandatory Binding Arbitration. The parties shall attempt in good faith promptly through informal negotiations to resolve any dispute concerning, relating, arising out of, or referring to these Terms and Conditions for services, our Privacy Policy, website or any literature or materials concerning EA. If the dispute is not resolved through negotiation, all disputes as described above shall be resolved exclusively by binding arbitration held in Las Vegas, Nevada and presided over by one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator's decision shall be final and binding and judgment may be entered thereon. Equitable remedies shall be available in any such arbitration. The parties intend that these Terms to arbitrate be valid, binding, enforceable and irrevocable. In the event a party fails to proceed with arbitration the other party is entitled to recover the costs of suit including a reasonable attorney's fee for having to compel arbitration. Nothing herein will be construed to prevent any party's use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party's right to compel arbitration of any dispute.
c. Assignment. We may assign our rights and obligations under these Terms, in whole or in part, without your consent. We may assign these Terms to an affiliated company or to a company succeeding to our business. These Terms will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.
d. Notices. Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified in your account profile and to us at 8360 South Durango, Suite 210, Las Vegas, NV 89113, Attn.: Customer Service, or any other address of which either party hereto may from time to time notify the other in accordance with this. All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Service.
e. No Waiver; Severability. The waiver by either party hereto of a breach or default of any provision of these Terms by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of these Terms is held to be invalid, such invalidity shall not affect the remaining provisions.
f. Third-Party Beneficiary. Each Venue Provider is hereby expressly made a third party beneficiary of these Terms and may enforce these Terms directly against you.
g. Interpretation. The article, section, and paragraph titles and headings contained in these Terms are inserted as a matter of convenience and for ease of reference only and will be disregarded for all other purposes, including the construction or enforcement of these Terms or any of its provisions. No provision of these Terms shall be interpreted in favor of, or against, any of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof.
h. Entire Agreement. These Terms represent the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of these Terms that may have been accepted by.)
If you choose to request a quote through our system, the following information will be required: (i) First and last name (ii) email (iii) zip code (iv) wedding location (v) wedding location, date, budget, and number of guests. This information is collected for several reasons, including: (i) for personal identification; (ii) to complete and submit the quote to the selected Venue Providers; (iii) to allow us to contact you for customer service purposes, if necessary; (iv) to customize the content of the EA website and materials to meet your specific needs; and (v) to make product improvements to EA. In addition, we need your e-mail address to facilitate communication between you and the participating Venue Providers.
As a EA User you will also occasionally receive updates from us about sales in your area, special offers, new EA services, and other noteworthy items. However, you may choose at any time to no longer receive these types of e-mail messages. Please see our Opt-Out policy, under the FAQs below, for details.
Online SurveysEA values opinions and comments from Users, so we periodically conduct online surveys. Participation in these surveys is optional. Typically, the information is aggregated and used to make improvements to the EA website and to develop appealing content, features and promotions for users. Survey participants are anonymous unless otherwise stated in the survey.
Third Parties offering Promotions, Products, or ServicesEA may share your personal information with third parties when you engage in certain activities on our site that are sponsored by third parties, such as electing to receive information or communications from a third party. EA may also share your personal information when you respond to promotional materials from EA and authorize a third party to use your personal information. You should know that when EA shares your personal information with a third party under any circumstance described in this section, your personal information will become permanently subject to the privacy policy of the third party, and the third party will not be restricted by EA's Policy with respect to its use and further sharing of your personal information.
Session DataWe automatically log generic information about your computer and your computer's connection to the Internet, which we call "session data." Session data consists of your device information, IP address, operating system and browser software information, and the activities conducted by the user while using the EA. An IP address is a number that lets computers attached to the Internet, such as our web servers, know where to send data back to the user, such as the pages of the site the user wishes to view. We collect session data because it helps us analyze such things as what items visitors are likely to click on most, the way visitors are clicking through the site, how many visitors are surfing to various pages on the site, how long visitors to the site are staying and how often they are visiting. It also helps us diagnose problems with our servers and lets us better administer our systems. It is possible to determine from an IP address a visitor's Internet Service Provider (ISP) and the approximate geographic location of his or her point of connectivity. We may also use some session data, such as the pages you visited on our site, to send you e-mail messages focused on destinations that you may be interested in, unless you previously opted out of receiving such messages. We also use session data to help prevent fraud or unauthorized use of our site.
Cookies"Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the sites or service provider's systems to recognize your browser and capture and use certain information." We use cookies to help us understand and save your preferences for future visits, to keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. Most web browsers automatically accept cookies. Of course, by changing the options on your web browser or using certain software programs, you can control how and whether cookies will be accepted by your browser. EA supports your right to block any unwanted Internet activity, especially that of unscrupulous websites. However, blocking EA cookies may disable certain features on our site and may make it impossible to purchase or use certain services available on the site. Please note that it is possible to block cookie activity from certain websites while permitting cookies from trustworthy sites like EA.
Other UsesFrom time to time we may add or enhance services available via EA. To the extent these services are provided and used by you, we will use the information you provide to facilitate the service requested. For example, if you email us with a question, we will use information such as your email address, name and the nature of the question, to respond to your question. We may also store such information to assist us in making the EA better and easier to use.
FAQWith whom (if anyone) will my personal information be shared?
When you request a quote, we will forward the information provided to the Venue Providers(s) you have designated. Should you visit their site, we encourage you to read their privacy statements as their policies may be materially different from our Policy.
We use non-personally identifiable information in aggregate form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of our customers and visitors, and by measuring demographics and interests regarding specific areas of our site. We may provide anonymous statistical information based on this data to suppliers, advertisers, affiliates and other current and potential business partners. We may also use such aggregate data to inform these third parties as to the number of people who have seen and clicked on links to their websites. Occasionally, EA will hire a third party to act on our behalf for projects such as market-research surveys and contest-entry processing, or will contract with a third party to provide co-branded products, such as a EA credit card. In such cases, EA will provide information to these third parties specifically for use in connection with these projects. The information we provide to such third parties is protected by a confidentiality agreement and is to be used solely for the purpose(s) for which it has been provided.
How can I opt-out of receiving your promotional emails?
If you would prefer not to receive further messages from EA, please click on the "Unsubscribe" link at the bottom of one of our emails. This will remove your email from our company updates and promotions. You may still receive emails from our web site if continue to request quotes.
What other information should I know about my privacy?
When using the EA website, you will see links to third party websites, applications and services. Please note that when you click on one of these links, you will be using another company's website, application or service. Except as set forth herein, we do not share your personal information with those third parties, and are not responsible for their privacy practices. We encourage you to read the privacy statements of all such sites as their policies may be materially different from our Policy.
In addition to the circumstances described above, EA may disclose personal information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights or properties of EA or its affiliated companies or when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities. In addition, if EA or substantially all of its assets are acquired, the personal information of our customers will most likely also be transferred in connection with such acquisition.
PhishingIdentity theft and the practice currently known as "phishing" are of great concern to us. Safeguarding information to help protect you from identity theft is our priority. For more information about phishing, you may want to visit the Federal Government website "OnGuard Online" at http://onguardonline.gov/phishing.html.
Children’s Online Privacy Protection Act ComplianceWe are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), therefore we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. Notice of changes
We reserve the right to modify this Policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. This policy was last modified on 09/26/12.
If you have any questions regarding this Policy, you may contact us using the information below:
Ever After Customer Service
8360 S. Durango Drive
Las Vegas, Nevada 89113 USA
information@everafter.com
888-734-4787
This site is operated by Perfect Wedding Venue (“PWV”) and this Terms of Use Agreement (“Terms”) contains details about the relationship between you (the "User") and PWV as it relates to use of this site. These Terms may be updated from time to time without notice to you. Your continued use of this site will constitute your affirmative acceptance of these Terms and any amendments and your agreement to the Terms thereof. If you do not agree with the Terms we ask that you refrain from using the site.
Please take this opportunity to also review the PWV Privacy Policy (“Policy”) below as your continued use of this site shall be deemed acceptance of this Policy as well. This Policy may also be updated and changed from time to time. You also acknowledge and agree that any information you provide to a Participating Vendor is subject to that Participating Vendor's own privacy and data collection policies.
LicenseSubject to these Terms, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you adhere to this Terms, to access, participate in and use the PWV’s services. You agree that you obtain no rights other than the rights and licenses expressly granted to User in these Terms.
FeesWe will receive consideration from Venue Providers participating in the PWV process ("Venue Providers") with respect to your purchase of products/services from a Venue Provider. Venue Providers.
It is up to you to negotiate the terms and conditions with any Venue Provider providing products or services to you. To receive credit for amounts paid to Venue Providers, qualify for any promotions or other benefits associated with the PWV site, you will need to use the quote request system to contact the Venue Provider or use the assistance of our Wedding Venue Consultants to locate and report the booking to us. Venue Providers have agreed with us that they will not charge the user higher rates or any additional fees than those it charges to non-members. Please let us know immediately if you think this is not the case with a Participating Vendor.
You agree that PWV is not an agent of any Venue Provider and that Venue Providers operate independently of, and are not under the control of, PWV with respect to the services or products they offer. Further, your relationship and contract with any Venue Provider is solely between you and that Venue Provider. We do not assume any liability, obligation or responsibility for any part of any such relationship or contract. Also, no Venue Provider assumes any liability, obligation or responsibility for our conduct with respect to the PWV services. We do not provide any warranty with respect to the services/products of any Venue Provider. If you have any problem with the services and/or products provided by any Venue Provider, you will need to address that problem with the Venue Provider. We welcome hearing about your satisfaction or dissatisfaction with the services/products of any of our Venue Provider. Venue Provider receiving Member complaints are subject to removal from participation in the PWV System at our discretion.
Member ObligationsYou agree that you will not, and will not permit others to:
a. modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the PWV Service;
b. engage in any activity that does not comply with U.S. law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the PWV Service;
c. introduce into the PWV Service any code intended to disrupt the PWV Service, alter or delete its Content, access confidential Content on our website or interfere with the operation of the PWV Service, including, but not limited to, distribution of unsolicited advertising or mail messages or propagation of computer worms and viruses;
d. post any material in any form whatsoever on our website or within the PWV Service that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or
Discontinuation or Suspension of Use.
We may, in our sole discretion, at any time and without prior notice:
a. discontinue transmitting all or any part of the content related to the PWV Service;
b. change, discontinue or limit access to the PWV Service or any functionality, feature or other component of the PWV Service; or
c. suspend or terminate your use of or access to all or part of the PWV Service upon giving you notice of such suspension or termination.
You acknowledge that in order to administer the PWV Services, we will collect information about you and your bookings and purchases from Venue Providers. You authorize Venue Providers and their respective agents to disclose to us any and all information with respect to your booking and purchases from such Venue Providers. Certain Disclaimers;
Indemnificationi. THE PWV SERVICE IS PROVIDED ON AN "AS-IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIALS RELATED TO THE PWV SERVICE AND DO NOT WARRANT THAT THE FUNCTIONALITY OF THE PWV SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PWV SERVICE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ii. PWV'S WEBSITE AND THE PWV SERVICE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, OR RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENCY, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE PWV WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, WE DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY VENUE PROVIDERS OR VENUE PROVIDERS IN CONJUNCTION WITH THE PWV SERVICE.
We will not be liable for any damages, including indirect or consequential damages, arising from:
i. any failure to screen users of the PWV Service;
ii. acts or omissions of any users of the PWV Service;
iii. materials posted by, or of, any party other than PWV or any use thereof;
iv. the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or
v. any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond our reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.
Neither PWV nor any Participating Vendor or third party tracking agent shall be liable for your failure to receive important information about the PWV Service as a result of a computer system failure or interruption or hardware devices or software on your computer or network.
IndemnificationYou agree to indemnify PWV, any Venue Provider, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of these Terms or for any information, instructions or materials in any form whatsoever that are provided by you. You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve in our reasonable discretion the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
Limitation of Liabilitya. PWV, ANY PARTICIPATING VENDOR, VENUE PROVIDER, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PWV SERVICE, THE INFORMATION CONTAINED ON THE PWV WEBSITE, OR (EXCEPT IN THE CASE OF THE APPLICABLE PARTICIPATING VENUE) ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED BY VENUE PROVIDERS OR VENUE PROVIDERS IN CONJUNCTION WITH THE PWV SERVICE, EVEN IF ANY SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Generala. Governing Law. The validity, construction and interpretation of these Terms, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflicts of laws principles. Each party hereto agrees that all claims relating to these Terms will be heard exclusively by a state or federal court in Clark County, Nevada. Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court located in Clark County, Nevada over any proceeding related to these Terms, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum.
b. Disputes - Mandatory Binding Arbitration. The parties shall attempt in good faith promptly through informal negotiations to resolve any dispute concerning, relating, arising out of, or referring to these Terms and Conditions for services, our Privacy Policy, website or any literature or materials concerning PWV. If the dispute is not resolved through negotiation, all disputes as described above shall be resolved exclusively by binding arbitration held in Las Vegas, Nevada and presided over by one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator's decision shall be final and binding and judgment may be entered thereon. Equitable remedies shall be available in any such arbitration. The parties intend that these Terms to arbitrate be valid, binding, enforceable and irrevocable. In the event a party fails to proceed with arbitration the other party is entitled to recover the costs of suit including a reasonable attorney's fee for having to compel arbitration. Nothing herein will be construed to prevent any party's use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party's right to compel arbitration of any dispute.
c. Assignment. We may assign our rights and obligations under these Terms, in whole or in part, without your consent. We may assign these Terms to an affiliated company or to a company succeeding to our business. These Terms will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.
d. Notices. Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified in your account profile and to us at 8360 South Durango, Suite 210, Las Vegas, NV 89113, Attn.: Customer Service, or any other address of which either party hereto may from time to time notify the other in accordance with this. All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Service.
e. No Waiver; Severability. The waiver by either party hereto of a breach or default of any provision of these Terms by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of these Terms is held to be invalid, such invalidity shall not affect the remaining provisions.
f. Third-Party Beneficiary. Each Venue Provider is hereby expressly made a third party beneficiary of these Terms and may enforce these Terms directly against you.
g. Interpretation. The article, section, and paragraph titles and headings contained in these Terms are inserted as a matter of convenience and for ease of reference only and will be disregarded for all other purposes, including the construction or enforcement of these Terms or any of its provisions. No provision of these Terms shall be interpreted in favor of, or against, any of the parties hereto by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof.
h. Entire Agreement. These Terms represent the entire agreement of the parties hereto with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of these Terms that may have been accepted by.)
If you choose to request a quote through our system, the following information will be required: (i) First and last name (ii) email (iii) zip code (iv) wedding location (v) wedding location, date, budget, and number of guests. This information is collected for several reasons, including: (i) for personal identification; (ii) to complete and submit the quote to the selected Venue Providers; (iii) to allow us to contact you for customer service purposes, if necessary; (iv) to customize the content of the PWV website and materials to meet your specific needs; and (v) to make product improvements to PWV. In addition, we need your e-mail address to facilitate communication between you and the participating Venue Providers.
As a PWV User you will also occasionally receive updates from us about sales in your area, special offers, new PWV services, and other noteworthy items. However, you may choose at any time to no longer receive these types of e-mail messages. Please see our Opt-Out policy, under the FAQs below, for details.
Online SurveysPWV values opinions and comments from Users, so we periodically conduct online surveys. Participation in these surveys is optional. Typically, the information is aggregated and used to make improvements to the PWV website and to develop appealing content, features and promotions for users. Survey participants are anonymous unless otherwise stated in the survey. Third Parties offering Promotions, Products, or Services
PWV may share your personal information with third parties when you engage in certain activities on our site that are sponsored by third parties, such as electing to receive information or communications from a third party. PWV may also share your personal information when you respond to promotional materials from PWV and authorize a third party to use your personal information. You should know that when PWV shares your personal information with a third party under any circumstance described in this section, your personal information will become permanently subject to the privacy policy of the third party, and the third party will not be restricted by PWV's Policy with respect to its use and further sharing of your personal information.
Session DataWe automatically log generic information about your computer and your computer's connection to the Internet, which we call "session data." Session data consists of your device information, IP address, operating system and browser software information, and the activities conducted by the user while using the PWV. An IP address is a number that lets computers attached to the Internet, such as our web servers, know where to send data back to the user, such as the pages of the site the user wishes to view. We collect session data because it helps us analyze such things as what items visitors are likely to click on most, the way visitors are clicking through the site, how many visitors are surfing to various pages on the site, how long visitors to the site are staying and how often they are visiting. It also helps us diagnose problems with our servers and lets us better administer our systems. It is possible to determine from an IP address a visitor's Internet Service Provider (ISP) and the approximate geographic location of his or her point of connectivity. We may also use some session data, such as the pages you visited on our site, to send you e-mail messages focused on destinations that you may be interested in, unless you previously opted out of receiving such messages. We also use session data to help prevent fraud or unauthorized use of our site.
Cookies"Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the sites or service provider's systems to recognize your browser and capture and use certain information." We use cookies to help us understand and save your preferences for future visits, to keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. Most web browsers automatically accept cookies. Of course, by changing the options on your web browser or using certain software programs, you can control how and whether cookies will be accepted by your browser. PWV supports your right to block any unwanted Internet activity, especially that of unscrupulous websites. However, blocking PWV cookies may disable certain features on our site and may make it impossible to purchase or use certain services available on the site. Please note that it is possible to block cookie activity from certain websites while permitting cookies from trustworthy sites like PWV.
Other UsesFrom time to time we may add or enhance services available via PWV. To the extent these services are provided and used by you, we will use the information you provide to facilitate the service requested. For example, if you email us with a question, we will use information such as your email address, name and the nature of the question, to respond to your question. We may also store such information to assist us in making the PWV better and easier to use.
FAQWith whom (if anyone) will my personal information be shared?
When you request a quote, we will forward the information provided to the Venue Providers(s) you have designated. Should you visit their site, we encourage you to read their privacy statements as their policies may be materially different from our Policy.
We use non-personally identifiable information in aggregate form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of our customers and visitors, and by measuring demographics and interests regarding specific areas of our site. We may provide anonymous statistical information based on this data to suppliers, advertisers, affiliates and other current and potential business partners. We may also use such aggregate data to inform these third parties as to the number of people who have seen and clicked on links to their websites. Occasionally, PWV will hire a third party to act on our behalf for projects such as market-research surveys and contest-entry processing, or will contract with a third party to provide co-branded products, such as a PWV credit card. In such cases, PWV will provide information to these third parties specifically for use in connection with these projects. The information we provide to such third parties is protected by a confidentiality agreement and is to be used solely for the purpose(s) for which it has been provided.
How can I opt-out of receiving your promotional emails?
If you would prefer not to receive further messages from PWV, please click on the "Unsubscribe" link at the bottom of one of our emails. This will remove your email from our company updates and promotions. You may still receive emails from our web site if continue to request quotes.
What other information should I know about my privacy?
When using the PWV website, you will see links to third party websites, applications and services. Please note that when you click on one of these links, you will be using another company's website, application or service. Except as set forth herein, we do not share your personal information with those third parties, and are not responsible for their privacy practices. We encourage you to read the privacy statements of all such sites as their policies may be materially different from our Policy.
In addition to the circumstances described above, PWV may disclose personal information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights or properties of PWV or its affiliated companies or when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities. In addition, if PWV or substantially all of its assets are acquired, the personal information of our customers will most likely also be transferred in connection with such acquisition.
PhishingIdentity theft and the practice currently known as "phishing" are of great concern to us. Safeguarding information to help protect you from identity theft is our priority. For more information about phishing, you may want to visit the Federal Government website "OnGuard Online" at http://onguardonline.gov/phishing.html.
Children’s Online Privacy Protection Act ComplianceWe are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), therefore we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Notice of changesWe reserve the right to modify this Policy at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. This policy was last modified on 09/26/12.
If you have any questions regarding this Policy, you may contact us using the information below:
Ever After Customer Service
8360 S. Durango Drive
Las Vegas, Nevada 89113 USA
information@everafter.com
888-734-4787
The following Terms and Conditions, along with the Membership Agreement, contain details about the relationship between you (the "Venue") and us or any of our related companies such as Ever After, Perfect Wedding Venue or 1-800 Registry ("Ever After") relating to the Ever After Services. By completing the Membership Agreement you agree to these Terms and Conditions and that your use of this site and your participation as a Venue is subject to these Terms and Conditions. Should any of the following terms contradict with the Membership Agreement, the Membership Agreement terms shall govern. Nothing in these terms and conditions shall alter, modify or contradict the Membership Agreement unless expressly consented to by Venue in writing.
Marketing FeeWhen one of our customers books the services or purchased products of a Bride-CertifiedTM Venue, the Venue is obligated to provide Ever After a copy of the executed contract between Venue and customer. Ever After shall invoice Venue for the Marketing fee based on the total amount of the contract (excluding tips and taxes). The Marketing fee shall be due within seven (7) business days of the date of invoice. In the event additional product or services are provided that are initially not included in the contract between Customer and Venue, or should the total amount owed by Customer to Venue increase thereafter, Venue shall be obligated to pay the Marketing Fee on said amounts.
You may not increase or charge a different amount to Ever After customers for the same product or services than to non-Ever After customers to compensate for marketing fees paid to Ever After.
The Set Up ProcessIn order to display your information, images and details on our sites we will use information found on your site for that purpose. We must therefore have the right to use images, script, information and other material found on your website to promote your services on Ever After’s websites. It is, however, your responsibility to review your information on the Ever After website and inform Ever After of any inaccuracies, discrepancies, or changes.
Bride CertifiedCongratulations on becoming Bride-Certified!! What that means is that you came highly recommended by many couples and other wedding professionals and that you have specialized in weddings for a minimum of two years. Although we never anticipate a change in circumstances, should we receive multiple complaints which cannot be resolved, we reserve the right to suspend or cancel your Bride-Certified status.
Ever After may, at its option, suspend services to Venue or terminate this Agreement for any one of the following reasons:
(a) Failure by Venue to make payments when due,
(b) Failure to comply with the terms of this Agreement,
(c) Fee dispute between Venue and Ever After, and or Customer,
(d) Receipt by Ever After of complaints about Venue which Venue does not promptly resolve to the satisfaction of Ever After,
(e) Relocation of Venue,
(f) Venue's maintenance of substandard business premises as determined in Ever After's sole discretion.
If Ever After terminates this Agreement or if Venue terminates this agreement for any reason, Venue shall continue to be obligated to make all marketing fee payments to Ever After for all services or goods provided for, at the request of, or for the benefit of, Ever After's Customers for a period of 12 months after this Agreement is terminated. Agreement may be terminated by Venue at anytime by written notice to Ever After.
Ownership and RightsAlthough we encourage you to use the materials provided to you we would like to remind you that Ever After owns all right, title, and interest in and to the marketing kits, customer referral contact information, URL's, and Ever After trade names, marks and dress, and any other materials provided. Should you like to use any of the above mentioned in a manner not previously agreed to by us, please contact us for approval.
Ever After agrees to identify Venue as a participating Venue on Ever After website and marketing materials as Ever After determines in its sole discretion. Venue shall provide to Ever After the form of Venue's name and description of services for use on Ever After website and in the Materials. Indemnification
Venue shall indemnify and hold Ever After (including its officers, managers and affiliates) harmless from and against all claims, actions, lawsuits, and demands ("Claims") arising out of or connected with Venue's or Venue Referral's acts or omissions, including but not limited to any claim in connection with the provision of goods or services by Venue or any Venue Referral to a Customer or any failure to provide any such goods or services. Venue further agrees to reimburse Ever After (as incurred) for all costs and expenses (including reasonable attorney fees) in connection with such Claims.
PrivacyVenue shall (a) not disclose the name, address, or billing address of Customers Ever After refers to Venue hereunder ("Confidential Information"), all of which constitute Ever After exclusive proprietary trade secret information; (b) use Confidential Information only as necessary to perform its obligations hereunder; and (c) not transfer, duplicate, share, or sell Confidential Information, or facilitate others' solicitation thereof.
Limitation of LiabilityEver After does not guarantee that it will provide Venue with any minimum number of Customer referrals.
In no event shall Ever After be liable to Venue or any Venue Referral for money damages under the Agreement. In the event of any breach by Ever After of any of its obligations under these Terms and Conditions or the Membership Agreement, Venue's sole recourse shall be to terminate the Agreement.
Choice of LawThis Agreement shall be governed by the laws of the State of Nevada. Venue cannot transfer or assign this Agreement without the prior written consent of Ever After. Any legal action or other proceeding brought for the enforcement of this Agreement or because of an alleged breach, dispute, default or misrepresentation regarding any provision of this Agreement shall be brought in the federal or state courts having venue in Clark County, Nevada, and each party hereto irrevocably submits to the jurisdiction of each such court in any such proceeding, and waives any objection it may now or after the date of this Agreement have to venue or to convenience of forum. Each of the parties hereto further agrees that no such action shall be brought against any party hereunder except in a court located in Clark County, Nevada.
When couples book our Bride-Certified™ venues and encounter any problem, we will work with our venue partners to make it right. We are so confident in our exclusive Bride-Certification process that we proudly offer our money-back Wedding Assurance Guarantee up to $100,000 per wedding event.
How it Works:
We've done a comprehensive screening of our venue partners, and each has been highly recommended by happy couples and industry professionals. When you book a Bride-Certified venue, your wedding will be covered by our exclusive Wedding Assurance Guarantee.
Qualification:
Verification:
Coverage Details:
© 2014, Ever After, LLC