- This describes the information we collect from you when you visit our web site and what we do with that information.
- This describes our policies concerning use and disclosure of information concerning children under the age of 13 and is in compliance with the Children’s Online Privacy Protection Act (COPPA).
- This describes what you can and can’t do with the video clips, audio clips, text, and images that you find on our web site.
- We are not responsible for the material on linked web sites.
- We are providing this web site for entertainment and promotional purposes on an “as is” basis without any warranties.
- This describes what happens to material that you post on this web site and what you should refrain from posting.
- This describes some general rules, which apply to the contests that we may run on this web site and in our Guides.
- Your liability, should you violate this agreement, includes indemnification of us and our affiliates.
- The export of certain materials to some countries may be prohibited.
- You are responsible for compliance with your local laws relating to access to the type of material on our web site.
PWG is very respectful about the privacy concerns of the visitors to its sites on the Internet. Certain non-personal information of visitors is recorded by the standard operation of PWG ’s Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Use of this information includes internal review of the number of visitors to the sites in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to PWG only when voluntarily submitted.
This data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use e-mail addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters or being notified if they have won one of our contests. Each e-mail newsletter always contains instructions on how to discontinue receipt of the newsletter.
Personally identifiable information that may be collected in connection with visitors voluntarily filling out contest entry forms or subscribing to newsletters is retained by PWG and used for its internal business and marketing purposes.
POLICIES FOR CHILDREN (INDIVIDUALS UNDER 13 YEARS OF AGE)
PWG encourages parents and guardians to spend time online with their children and to participate in the activities offered on the sites. No information should be submitted to or posted at PWG by guests under 13 years of age without the consent of their parent or guardian.
PWG does not provide any personally identifying information, regardless of its source, to any third party for any purpose whatsoever from our guests under 13 years of age. If a guest under 13 years of age registers for our newsletter, he/she is required to provide the e-mail address of his/her parent or guardian and that parent or guardian receives an e-mail alerting them to that Registration. The parent or guardian must validate the account, as described in the e-mail, in order for the potential member to receive the PWG newsletter. Any PWG correspondence would then be directed to the e-mail of the parent or guardian validating the registration. No information collected from guests under 13 years of age is used for any marketing or promotional purposes whatsoever, either inside or outside PWG, except as explicitly stated during registration for contests or promotions (and in that case, the information collected is used only for the specific contest or promotion). Although guests under 13 years of age may be allowed to participate in some contests and promotions, if such a guest wins, notification and prizes are sent to the parents or guardians identified in the initial registration process. Publication of contest winners names, ages, or images for individuals under 13 require parental or guardian consent. We do not allow guests under 13 years of age to be listed in our member directory or to receive direct marketing communications from PWG or to be sent our third-party offers.
RESTRICTIONS ON USE, TRADEMARKS AND COPYRIGHTS
This site may contain links to web sites operated by third parties (“Linked Sites”). The Linked Sites are provided for your convenience or on a paid advertising basis only and are not an endorsement by PWG of the content on such Linked Sites. PWG makes no representation regarding, and is not responsible for, the content or accuracy of the materials on such Linked Sites. If you decide to access any Linked Sites, you do so at your own risk.
This web site and the materials associated with this web site are provided on an “as is” basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, PWG disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties’ rights. PWG does not warrant that the web site will operate error-free or uninterrupted, that defects will be corrected, or that this web site and/or its server will be free of viruses and/or other harmful components. PWG does not warrant or make any representations regarding availability, accuracy, reliability, completeness, or timeliness of the materials, services, text, graphics, and or links associated with this web site. If your use of this web site or the materials, services, text, graphics, and or links associated with this web site results in the need for servicing or replacing equipment or data, PWG is not responsible for those costs. The material associated with this web site is provided solely for entertainment and promotional purposes. The information and opinions expressed in Bulletin Boards, Chat Rooms, or other forums conducted on this site (“Forums”) are not necessarily those of PWG or its content providers, advertisers or sponsors and PWG makes no representations or warranties regarding that information or those opinions.
LIMITATION OF LIABILITY
In no event shall PWG or its content providers be responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting, directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this web site and/or the material associated with this web site, or resulting from any information or opinions provided on this web site and/or the material associated with this web site, whether based on warranty, contract, tort, or any other legal theory, and whether or not PWG or any of its affiliated or related entities are advised of the possibility of such damages.
Any communication or other material submitted or posted to this web site will be considered non-confidential and by posting or otherwise submitting any communication or other material, you automatically grant PWG a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or material alone or as a part of other works in any form media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
PWG is not responsible for any material posted on our Forums. You shall not:
- Post any sexually explicit image;
- Impersonate another person or entity;
- Post any content which libels, defames, invades privacy, or is obscene, pornographic, abusive, harassing, hateful, or threatening;
- Post any content which infringes any intellectual property or other right of any entity or person, including, but not limited to violation of copyrights, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- Post any content, which violates any law or advocates illegal activity;
- Advertise or otherwise solicit funds, post any content which is a solicitation for goods, services or participation in any pyramid schemes, or post any chain letters.
PWG does not represent or guarantee the truthfulness, accuracy, and reliability of any communications posted by other users. You acknowledge that any reliance on material posted by other users will be at your own risk. PWG might not screen communications in advance and is not responsible for screening or monitoring material posted by users.
PWG reserves the right to remove any material that violates the above conditions, is otherwise inappropriate, or does not positively contribute to the forum.
From time to time, PWG may conduct contests. See the Official Contest Rules for rules, which may apply, to particular contests. No Purchase is Necessary to enter a contest conducted by PWG. Any contest conducted by PWG is open to United States citizens, 18 years or older or otherwise specified, except employees of PWG and their immediate families (immediate family is defined as a parent, sibling, child or any person residing in the same household as the employee). All contests conducted by PWG are intended for play in the United States only and shall only be construed and evaluated according to United States law. Do not enter any contest conducted by PWG if you are not located in the United States. Contests conducted by PWG are void where prohibited and are subject to all federal, state and local laws and regulations.
Any prize awarded in connection with a contest conducted by PWG is non-transferable. No substitution or cash equivalent for any prize is permitted, except by PWG in its sole discretion. In case of unavailability of any prize, PWG reserves the right to substitute a prize of equal or greater value. Taxes, if any, are the sole responsibility of the winner. The odds of winning a contest conducted by PWG will depend on the total number of entries received.
PWG is not in anyway liable for damage, loss or injury resulting from the award or use of any prize. The winner assumes all liability for injuries caused by or claimed to be caused by his or her participation in a contest conducted by PWG. PWG reserves the right, in its sole discretion, to cancel or suspend any contest should virus, bugs or other causes beyond the control of PWG corrupt the administration, security or proper administration of the contest. PWG reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of a contest conducted by PWG or to be acting in violation of these rules or the Official Contest Rules for any contest conducted by PWG. Internet or e-mail entrants must have a valid e-mail address. PWG assumes no responsibility for lost, mutilated or misdirected entries. PWG is not responsible for late entries, for incorrect, inaccurate or incomplete entry information whether caused by a contestant or by an equipment or technical malfunction or by any technical or human error, which may occur in the processing of the entries in a contest, conducted by PWG. An entry that is illegible, incomplete or late will be disqualified. If a prize notification is returned as undeliverable or PWG cannot contact the winner for any reason within seven days, the prize may be forfeited and an alternate winner may be selected by random drawing of the remaining eligible entries. Contest entries will be judged by PWG, whose decision on winner selection and all other matters relating to this contest are final. By accepting a prize, the winner grants PWG permission for the use of their name photos and biographical information for advertising or promotional purposes without additional compensation, except where prohibited by law. All entries become property of PWG and will not be returned.
PWG reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of any contest conducted by PWG.
You agree to defend, indemnify and hold harmless, PWG, its officers, directors, employees, agents, distributors, advertisers, sponsors, content partners and affiliates from and against any and all claims, actions, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of the terms of this Agreement.
The United States controls the export of products and information. You agree to comply with such restrictions and not export or re-export any materials associated with this web site to countries or persons prohibited under export control laws. By viewing or downloading any such materials, you are agreeing that you are not in a country to which such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials.
PWG makes no representation that materials in this web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this web site and the materials associated with this web site may not be legal by certain persons or in certain countries. If you access this web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If any provision of this agreement shall be invalid, void, or for any reason unenforceable, then that provision shall be deemed severed from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and PWG with respect to the use of this web site and shall not be modified except in writing. Your continued use of perfectweddingguide.com following the posting of changes to these terms will mean you accept those changes.
PWG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
I Do Productions LLC
D.B.A. Perfect Wedding Guide
PO Box 16
Washington MO 63090
WEB SITE: www.perfectweddingguide.com
TERMS & CONDITIONS
All online listing/profile application/agreement (hereinafter “listing”) for subscriptions are for the duration of 12 months and are to be automatically charged monthly, unless an annual payment is selected, to the credit/debit card entered during the checkout process on PerfectWeddingGuide.com, Perfect Wedding Guide (hereinafter “PWG,” “we,” or “us”) using Stripe or any other payment processing service. Any coupon codes are only valid for the first month of service only and not for each month of service. The original month will reflect the discount and each additional month will be charged the full listing/profile amount as shown on the pricing plan: PerfectWeddingGuide.com/pricing-plan. Pricing may be updated, with a minimum of 30 days notice to you, the (“Customer,” “Advertiser,” or “you”).
These Terms and Conditions, also known as Terms of Purchase, included here supersedes any conversation, agreement (verbal or written), contract, etc. by Perfect Wedding Guide, PWG, it’s affiliates, agents, employees, Licensees, etc. The effective date of this agreement/subscription for profile/listing, once accepted by PWG, shall be effective upon execution and/or completion of the purchase process by the business or the individual purchasing goods or services from PWG
A customer may purchase/subscribe to their listing in a variety of ways including, without limitation: electronic self-service checkout; email sales quote; providing a credit card via telephone, email, or other form of communication with a PWG sales representative so that they may act on your behalf in executing your listing application/subscription; or a signed profile/listing application/agreement which allows a PWG sales representative to act on your behalf in executing your listing application/subscription. Acceptance of this agreement will be made upon the ﬁrst display of the customer’s listing on PWG.com or performance or delivery of the service of other deliverables. Customer’s acceptance as provided above indicates that: the information in the listing is accurate; (Customer has read, understands and accepts the terms and conditions of this agreement; and if not manually signing, Customer adopts this electronic process in lieu of manually signing the profile/listing application/agreement. By completing the purchase transaction, Customer agrees to the terms of this agreement and agrees to pay for the products and services provided by PWG with a valid credit card or other forms of payment accepted by PWG. Customer may not change the form of payment without PWG’s consent. Payment shall be made in U.S. Dollars, unless otherwise specified in your ordering documents
TERM AND AUTO-RENEWAL
Your application and subscription/purchase of any service with Perfect Wedding Guide in any marketings and/ advertising services, are entered into as a subscription service and, except as otherwise provided herein, require an initial minimum commitment by Customer of at least twelve (12) months from the contract start date/application date/listing activation date. Even if we give you the option to divide payments for the Term over multiple payment periods, this Agreement is a commitment to purchase no less than one full term of that membership, subject to the terms of the Termination section, below. Following the expiration of the original 12 month Term, your agreement will renew automatically for the same length of time as the then-current Term unless Customer provides at least 30 days prior written notice of non-renewal prior to the expiration of the then-current Term or follows online cancellation instructions. PWG will notify Advertiser of any rate increases prior to Customer’s deadline to notify PWG of non-renewal.
At any time following the completion of the initial Term of at least 12 months of profile/listing, services may be terminated by the Customer on written notice to be received at least 30 days prior to your “Billing Date” (the day of the month on which you are billed, regardless of your payment schedule (monthly, quarterly, etc.)), with such termination to be effective on that Billing Date. If notice is not received at least 30 days prior to the next Billing Date, the termination will not be effective until the next monthly Billing Date.
PWG may terminate this Agreement for cause at any time and will provide written notice to Customer of a breach or violation of this agreement. PWG may terminate this Agreement if the Customer provides products or services that are competitive to PWG or its affiliates. In the event of any termination or expiration of this Agreement, PWG shall retain the right to keep any and all reviews of posted for or by Customer on the PWG website(s) as well as basic directory information of Customer associated with such reviews, including without limitation, business name, address, and telephone number, images, etc.
DISCOUNTS & PRICE INCREASES
Any discounts or promotional rates for profile/listing are only guaranteed for the initial month of service unless specifically stated otherwise at the time of purchase. If modifications are made at any point during the original 12 month term of the original profile/listing, any agreed-upon discounts or promotional rates will extend for one renewal term for the base profile/listing application/agreement, as mutually agreed upon by the parties in writing. Any service with discounted or promotional rates will be subject to an increase. Any rate increase will be communicated to the Customer with a minimum of 30 days notice. If discounts were applied in connection with any terminated service being part of a package or bundle, the customer may only terminate the entire PWG Marketing Package in a manner authorized under the Termination section under the Agreement.
UPGRADES AND MODIFICATIONS
PWG is constantly reviewing, testing and evolving its product and service offerings to provide its Customers and other users with the best options available. PWG retains the right to revise its product and/or service offerings, including the tools made available to you, at any time without notice, in our sole discretion, for any reason, including without limitation to comply with any applicable law or regulation. Such changes may include, without limitation, the operation or features of our website, including the order and manner in which listings appear on them, the way that services are delivered, and the way that new customers are charged for services. You agree that we may test, implement, remove or modify elements of PWG.com at any time without notice.
ASSET RESPONSIBILITY AND USE
Customer agrees to provide the necessary assets to create an effective online listing. This information (including but not limited to; copy text, pictures, graphics, video, programming code, URLs, Internet links and other data to perform such service) must be provided to PWG or uploaded directly to Customer’s listing. Customer’s failure do provide or upload online content in no way impacts their responsibility to pay for services offered by PWG there will be no reduction in the amount owed to PWG and PWG shall not be obligated to provide Customer any special arrangements or Term extension or otherwise provide alternative services, and PWG does not guarantee the start date of the Term. Additionally, PWG does reserve the right to use stock imagery, create copy, or use content from the Customer’s website or social media as assets on Customer’s listing on PWG.com.
Customer hereby grants to PWG a non-exclusive, royalty-free, worldwide license (or sub-license) to use, reproduce, distribute, create derivative works of, publicly perform, publicly display and digitally perform such advertisement or service using any and all content (including but not limited to; copy text, pictures, graphics, video, programming code, logos, URLs, Internet links and other data included in Customer’s listing). Any advertisement or service created in whole or in part by PWG shall be owned by, and all rights therein are hereby reserved to, PWG.
PWG reserves the right to reject advertisements and services at its sole discretion. All advertisements and services must satisfy the advertising criteria or speciﬁcations of PWG.
RIGHT TO REMOVE
With respect to any listing on PWG.com or other asset of PWG to which an advertisement or service is linked, PWG reserves the right to remove such advertisement or listing at its sole discretion.
LIMITATION ON SPACE
PWG reserves the right to limit the amount of space afforded to any one customer or any category of advertising appearing in any of its websites, or other assets.
OTHER AGREEMENT AND ACTIVITIES
Nothing set forth in this Agreement shall restrict PWG from (a) entering into agreements with other customers, whether or not competitive with Customer (unless otherwise speciﬁed in the Agreement); and/or (b) engaging in any activity, including, without limitation, selling goods and/or providing services of any kind whatsoever.
MODIFICATION OF PROPERTIES
PWG reserves the right to redesign or modify, or cause the redesign or modiﬁcation of, the organization, structure or “look and feel” of its websites and other company assets, at any time without notice.
If PWG provides Customer with usage statistics, they will be in a format determined by PWG. Customer may not distribute or disclose usage statistics to any third party without PWG’s prior written consent. PWG shall use commercially reasonable efforts to review the accuracy of such information; however, it does not guarantee the accuracy, reliability or completeness of any usage statistics. In no event shall PWG assume any liability to Customer for usage statistics provided to PWG by third parties.
Customer is responsible for the operation of their business. PWG is not responsible for the content of any contracts, communications, or interactions (the “Interactions”) between Customer and its clients or prospective clients using PWG.com or other tools or services and has no liability for such Interactions. PWG is not responsible for any losses Customer may incur as a result of relying on information provided to Customer by its clients or other third parties, whether or not such information was provided via the PWG website and even if PWG was advised of the possibility of such losses. Customer is responsible to keep their contact information and all representation of their company valid and current on PWG.com as part of Customer’s listing.
Customer agrees that any leads provided by PWG to Customer (if part of their subscription) is solely for the marketing use of Customer’s business that is specifically subscribed to have access to said leads. No other entity or business, whether owned by Customer or unowned by Customer, shall have access to leads without the prior written consent of PWG. Use of PWG leads to promote any bridal/wedding show or other social gather or special event not produced by PWG is strictly prohibited. Customer further agrees that it will not share, lend, reproduce, exchange, provide, copy, forward, distribute, email, or otherwise allow someone other than Customer the use or access of Leads. Customer acknowledges all data contained in the PWG leads and PWG leads database is the sole property of PWG and Customer hereby agrees not to disclose, sell or make known the information contained on any such Leads list. Customer will not subject any person named or whose contact information is part of Leads to any high-pressure sales tactics or otherwise use the information contained in the leads to violate any applicable law, rule, regulation, or industry standard.
Any breach of this provision shall be considered a material breach of this Agreement and will entitle PWG to terminate this Agreement in accordance with the Termination provisions contained herein. Customer acknowledges that the lead information is provided by the lead and that PWG will have no liability to Customer or any of its affiliated companies, licensees, customers, marketing partners, or other third parties concerning the information (including the accuracy thereof) contained in the Leads.
Customer agrees to use the Leads solely for the purposes described herein. Customer acknowledges and agrees that due to the unique nature of the Leads, monetary damages may be insufficient to remedy any breach of its obligations hereunder, and that violation of permitted use of leads would result in irreparable harm to PWG, the future use of leads, reputation, and therefore, upon any such breach or any threat thereof, PWG will be entitled to obtain appropriate equitable relief in addition to whatever remedies it might have at law.
CHANGING LISTING LEVEL
Customer may upgrade their listing level at any time by contacting their PWG account manager for instructions or through their online account access. Only individuals who are authorized users of the Customer account may request changes. The fees for the new listing will be based upon the then current rate as found at perfectweddingguide.com/pricing-plan
The products and/or services purchased are valid only for the Customer, and in the category and market or markets specified at the time of purchase and may not be transferred either to a different customer or by the same Customer to a different category or market.
Customers in the U.S. will be billed in U.S. Dollars and subject to U.S. payment terms. All transactions shall be in compliance of U.S. trade regulations.
REFUNDS AND TAXES
There shall be no refunds by PWG. All amounts required to be paid hereunder do not include any amount for taxes or levy (including interest and penalties). Customer shall pay all applicable taxes which PWG is required to collect or remit to applicable tax authorities including, without limitation, sales, use, value-added tax, excise, property, or other similar taxes or levies.
CREDIT CARDS AND NONPAYMENT
If PWG is authorized by Customer to charge Customer’s credit card and PWG is unable to process Customer’s credit card, or if any fee is otherwise not paid on time, then PWG may revoke access to Customer’s account. If the Customer does not make payments on time based on their payment schedule, PWG reserves the right to temporarily suspend access to Customer’s account or permanently terminate Customer’s Agreement. The full amount of the 12 month term will still be due, minus any payments already made. If payments from Customer are not satisfied, PWG is authorized to transfer Customer’s balance for Collections. Customer may be responsible for any additional legal fees acquired during the effort to collect the unpaid balance. Any partial payments made by Customers will first be applied to the oldest, outstanding fees owed to PWG, including interest.
Customer may buy out the remaining amount for their term with a one-time payment equal to the remaining fee due for the remainder of the Term. Upon PWG receiving this payment, the Customer’s listing would be removed.
INCORRECT OR UPDATING BILLING INFORMATION
If Customer believes PWG has billed Customer incorrectly, Customer must contact PWG in writing to email@example.com or by contacting their PWG Sales Representative directly no later than thirty (30) days after such charge. Charges older than 90 days will not be provided a refund.
Updating billing information can be done by contacting your PWG Sales Representative or by accessing your account dashboard on PWG.com.
DATA OWNERSHIP & PRIVACY
Unless otherwise speciﬁed, any data that is collected on the websites or mobile or other properties of PWG or its Affiliates, whether or not personally identiﬁable and whether or not in connection with the listing, is the sole property of PWG or its affiliates.
Conﬁdential Information shall not be disclosed by Customer to anyone except an employee or agent who has a need to know the same, and who is bound by conﬁdentiality obligations. Customer shall not use any portion of Conﬁdential Information for any purpose other than those provided for under this Agreement. Customer shall use the same degree of care which is used to prevent disclosure of its own conﬁdential information of like importance to prevent the disclosure of conﬁdential information disclosed to it by or received from PWG.
Customer will not use the trade name, trademarks, or logos of PWG in a public announcement regarding the existence or content of this Agreement or otherwise without the prior written approval of PWG.
REPRESENTATION AND WARRANTY
The person consenting to this Agreement represents and warrants that: such person has authority to enter into this Agreement on behalf of Customer; Customer’s entering into this Agreement does not violate any other rights, obligations, regulations or laws; Customer has obtained all necessary rights for any content that it provides to PWG and that PWG’s use of such content will not be defamatory or harassing or violate any third-party rights, including rights of publicity, privacy, and intellectual property rights, or violate any law or regulation; and any user with access to Customer’s account shall be deemed an authorized user of such account. PWG reserves the right to rely on the representations and warranties made by any user of Customer’s account when providing the services to Customer.
Customer understands that PWG accepts electronic signatures and processes (including, but not limited to: e-signatures, online payment processing, email communication, etc.) with the same legally binding measures as a written signature. The use of electronic facilities or agents shall be in accordance with procedures established by PWG and governed by the provisions of applicable laws, rules and regulations.
Customer agrees to indemnify and hold PWG, our affiliates, and respective officers, Licensees, 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 Customer’s use of the PWG.com, or its violations of its representations, warranties or obligations under the Agreement.
Services, including Listings, provided by PWG are provided without warranties of any kind, either expressed or implied. PWG disclaims all warranties, including, but not limited to: warranties of merchantability, fitness for a particular purpose, noninfringement or other violation of rights.
PWG’s ability to operate may be subject to limitations, delays, and other problems (“Force Majeure”), including, but not limited to: wars, terrorist attacks, pandemics, viruses, strikes, riots, earthquakes, hurricanes, tornadoes, volcanoes, major weather events, internet congestion or outage, attacks on or failure of infrastructure, trojan, virus or malware, and DOS attacks. PWG is not responsible for any damages resulting in any interruptions caused by Force Majeure.
PWG, our affiliates, Licensees, officers, directors, employees, or suppliers shall not be held liable for indirect damages, lost profits, or damages of any kind arising out of or relating to the inability to use PWG.com.
This Agreement is governed by the laws of the State of Missouri, without regard to principles of conflict of laws of any state or jurisdiction.
NOTICE OF DISPUTE: VERY IMPORTANT
If you have a dispute with us regarding our site or your listing, you must first submit notice to us at firstname.lastname@example.org. We will attempt to resolve any disputes you have with us. If a resolution cannot be reached between parties within 60 days, Customer agrees to arbitration in the jurisdiction of Franklin County, Missouri. Selection of an arbitrator will be from a panel of arbitrators acceptable to PWG. In any arbitration, the parties will split the cost of the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore. At no time will resolution to Customer exceed the total paid in fees to PWG during the most recent 12 month term.
Class Action and Class Arbitration Waiver.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
Jury Trial Waiver. If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial and elect instead to have the dispute be resolved by a judge.
PWG reserves the right to assign this agreement to respective successors. However, this Agreement nor any rights hereunder may be assigned or otherwise transferred by Customer. PWG reserves the right to assign this Agreement in its discretion.
This is a subscription agreement for use of online listings and not an agreement for sale. Customer acknowledges that it/he/she is obtaining only a limited right to advertise their business on PWG.com and that, irrespective of any use of the words “purchase”, “sale” or like terms hereunder, no ownership rights are being conveyed to Customer under this Agreement. Customer acknowledges that the listing covered in this Agreement is offered as an online resource solution and that Customer has no right to obtain or retain a copy of any of the products or services unless otherwise stated herein.
PWG reserves the right to update our Terms & Conditions at any time. If modifications take place, notification will be sent to Customer using the email address connected to their listing account.
No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
The parties have expressly agreed that this Agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language.
For all questions related to billing, please contact
PWG at P.O. Box 16, Washington, MO 63090