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T.O.S. Terms of Service/Privacy
and Business Agreement
and Business Agreement
General Information on BetsyRaye.com
Terms of Use and Privacy Policy
Welcome. BetsyRaye.com is here to educate, inform and be of support to couples who are in the exciting and sometimes hectic, but joyful
period of their lives before their wedding day. We hope to be of service to you.
BetsyRaye.com, Betsy Raye or A Perfect Dream Wedding by Betsy Raye, herein known as BetsyRaye.com, We or The Company, does not sell
or rent your personal information to companies that make or distribute marketing lists for trends and statistics.
The BetsyRaye.com website contains links to other Web sites. BetsyRaye.com is not responsible for the privacy practices or the content of
such Web sites.
Privacy Policy
As described below, as part of the normal operation of our services, your information is collected by us, can be disclosed to third parties and
used by third parties and us. This Privacy Policy describes the information we collect about you and what may happen to that information.
Subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the BetsyRaye.com
community.
By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our use and disclosure of your personally
identifiable information. This Privacy Policy is incorporated into and subject to the terms of the BetsyRaye.com User Agreement. This Privacy
Policy is effective on January 1, 2009.
1. We Collect Information.
Our primary goal in collecting personal information is to provide you with a service in which you request and one that is easy to understand and
efficient.
You can browse our site without telling us who you are or revealing any personal information about yourself. Once you give us your personal
information, you are not anonymous to us. If you choose to use our services, we may require you to provide contact and identity information,
billing information, and other personal information as indicated on the forms throughout our site. Where possible, we indicate which fields are
required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or
feature.
For certain accounts where purchases of our services/products are made, we use your financial information, including credit card information
to verify your name, address, and other information, as well as to bill you for your use of our services.
We automatically track certain information based upon your travels throughout our site. We use this information to do internal research on our
users' demographics, interest and to better understand and serve you and our community. This information may include the URL that you just
came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are
using, and your IP address.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your
activities or postings on the site, we may collect such information specific to you.
2. Our Use of Your Information.
We use your information to facilitate the services you request. We use information we maintain about you and information we obtain from your
current and past activities on the site, to resolve disputes, troubleshoot problems and enforce our User Agreement.
If you choose to provide us with your credit card information for any reason, we use your address and billing information to bill you and provide
associated support.
You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to improve the
marketing efforts of our partners, to analyze site usage, improve our content and product offerings, and customize our site's content, layout, and
services. These uses improve our site and better tailor it to meet your needs.
You agree that we or third parties may use your information to contact you and deliver information to you that, in some cases, are targeted to
your requests and or interests, such as targeted banner advertisements, administrative notices, product offerings, and communications
relevant to your use of the site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information.
3. Our Disclosure of Your Information.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable
information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we
may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or
access transmissions or private communications, or users may abuse or misuse your information that they collect from our site. Therefore,
although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally
identifiable information or private communications will always remain private.
We may sell or rent any personally identifiable information about you to third parties. The following describes some of the ways that your
personally identifiable information may be disclosed.
Advertisers. We can collect personally identifiable information and disclose such information in a non-personally identifiable manner to
advertisers and other third parties for other marketing and promotional purposes. However, in these situations, we do not disclose to these
entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit
card number, and bank account number, are not disclosed to marketing advertisers ever.
External Service Providers. There are a number of services offered by external service providers that help you and help you use our site. If you
choose to use these optional services, disclose information to the external service providers, and/or grant them permission to collect
information about you, then their use of your information is governed by their privacy policy. To prevent our disclosure of your personally
identifiable information to an external service provider, you can decline such disclosures or simply not use their services. Because we do not
control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services. The use of such
information by other companies and affiliated web sites is limited by their applicable privacy policies.
Legal Requests. BetsyRaye.com cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual
property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement or other
government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual
property infringements, or other activity that is illegal or may expose us or you to legal liability. Further, we can (and you authorize us to) disclose
your, name, street address, city, state, zip code, phone number, email, and organization name as we in our sole discretion believe necessary
or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. Additionally,
BetsyRaye.com reserves the right (and you authorize BetsyRaye.com) to communicate any information about you to law enforcement as we in
our sole discretion determine necessary or appropriate to maintain a level of trust and safety in our community and to enforce our User
Agreement, Privacy Policy and any posted policies or rules applicable to services you use through our site.
Betsyraye.com and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a BetsyRaye.com
user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent after adequate
disclosure. You may not use email- forwarding services to send spam or otherwise send content that would violate our User Agreement.
4. Other Information Collectors.
Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect
from you. To the extent that you disclose your information to other parties on other sites throughout the Internet, different rules may apply to their
use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy
policies. Since BetsyRaye.com does not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We
encourage you to ask questions before you disclose your personal information to others.
5. Security.
BetsyRaye.com uses industry standard practices to safeguard the confidentiality of your personal identifiable information, including "firewalls",
and Secure Socket Layers for the protection of data during transfer across the internet. BetsyRaye.com treats data as an asset that must be
protected against loss and unauthorized access. We are as careful as we can be to protect such data from unauthorized access by users
inside and outside the company. However, "perfect security" does not exist on the Internet.
6. Conflict of Terms.
It is our goal to make our privacy practices easy to understand. If you have questions about any part of our Privacy Policy, please contact us at
admin@betsyraye.com
Notice.
We may amend this Privacy Policy at any time by posting the amend terms on our site. All amended terms shall automatically be effective 5
days after they are initially posted on our site.
Terms and Conditions
ACCEPTANCE OF TERMS
BetsyRaye.com provides its service to you, subject to the following Terms of Use ("TOS"), which may be updated by us from time to time
without notice to you. In addition, when using particular BetsyRaye.com services, you and BetsyRaye.com shall be subject to any posted
guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS.
DESCRIPTION OF SERVICE
BetsyRaye.com provides users with access to education, many resources, including, various communications tools, and content that can be
personalized through its system. You also understand and agree that the Service may include advertisements and that these advertisements
are necessary for BetsyRaye.com to provide the Service. You also understand and agree that the service may include certain communications
from BetsyRaye.com or third parties, such as service announcements, promotions, and administrative messages, and that these
communications are considered part of doing business with BetsyRaye.com and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BetsyRaye.com
properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that BetsyRaye.com assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or
incomplete, or BetsyRaye.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
BetsyRaye.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion
thereof).
MEMBER CONDUCT
You understand that all information, data, text, or other materials ("Content") transmitted are the sole responsibility of the person from which
such Content originated. This means that you, and not BetsyRaye.com, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. BetsyRaye.com does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will BetsyRaye.com be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a BetsyRaye.com official, expert, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law;
11. "stalk" or otherwise harass another; or
12. collect or store personal data about other users.
You acknowledge that BetsyRaye.com does not pre-screen Content, but that BetsyRaye.com and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BetsyRaye.com
and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any Content created by BetsyRaye.com or submitted to BetsyRaye.com.
You acknowledge and agree that BetsyRaye.com may preserve Content and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c)
respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BetsyRaye.com, its
users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
BetsyRaye.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BetsyRaye.com the following world-
wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of BetsyRaye.com, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and
promoting the relevant section on BetsyRaye.com. This license exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or BetsyRaye.com removes such Content from the Service.
INDEMNITY
You agree to indemnify and hold BetsyRaye.com, and its employees, affiliates, officers, agents, co-branders or other partners, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit
or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any
rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
MODIFICATIONS TO SERVICE
BetsyRaye.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that BetsyRaye.com shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
TERMINATION
You agree that BetsyRaye.com, in its sole discretion, may terminate your, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without limitation, for lack of use or if BetsyRaye.com believes that you have
violated or acted inconsistently with the letter or spirit of the TOS. BetsyRaye.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge and agree that BetsyRaye.com may immediately deactivate or delete your
registration/account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you
agree that BetsyRaye.com shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that BetsyRaye.com shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BetsyRaye.com has no
control over such sites and resources, you acknowledge and agree that BetsyRaye.com is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that BetsyRaye.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
BETSYRAYE’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BetsyRaye.com or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BETSYRAYE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. BETSYRAYE.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BETSYRAYE.COM OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BETSYRAYE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BETSYRAYE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
TRADEMARK INFORMATION
You agree not to display or use the BetsyRaye.com’s name or logo in any manner without BetsyRaye.com’s prior permission.
GENERAL INFORMATION
The Terms Of Service, TOS, constitute the entire agreement between you and BetsyRaye.com and govern your use of the Service, superceding
any prior agreements between you and BetsyRaye.com. You also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software. The TOS and the relationship between you and BetsyRaye.com shall be
governed by the laws of the State of Washington without regard to its conflict of law provisions. You and BetsyRaye.com agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of King, Washington. The failure of BetsyRaye.com to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual
effect.
Additional Terms.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific
account types offered on our site:
User Agreement (Businesses)
THE FOLLOWING DESCRIBES THE TERMS ON WHICH BETSYRAYE.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for BetsyRaye.com, A.K.A., Betsy Raye, A Perfect Dream Wedding by Betsy Raye, herein referred to as
BetsyRaye.com, We or the Company. This Agreement describes the terms and conditions applicable to your use of our services available
under the domain and sub-domains of www.BetsyRaye.com. If you do not agree to be bound by the terms and conditions of this Agreement, do
not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and
the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may
become a registrar of BetsyRaye.com. We strongly recommend that, as you read this User Agreement, you also access and read the
information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply
to you as a BetsyRaye.com registrar/user.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall
automatically be effective 5 days after they are initially posted on our site. This Agreement is effective on January 1, 2009.
1. Registrar Eligibility. Our services are available only to individuals who can form legally binding contracts under applicable law. Without
limiting the foregoing, our services are not available to temporarily or indefinitely suspended BetsyRaye.com registrars. If you do not qualify,
please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this
Agreement.
2. Fees and Services. Registering on BetsyRaye.com is free. If you wish to subscribe to services provided by BetsyRaye.com, fees must be
paid in relation to those services/products. We may change the fees for our services/products from time to time. When you register for services
you have an opportunity to review and accept the fees that you will be charged for those services/products. We may in our sole discretion
change some or all of our services/products at any time. In the event we introduce a new service/product, the fees for that service are effective
at the launch of the service/product. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees
associated with using our service and products on our website and all applicable taxes.
3. BetsyRaye.com is a Venue. Our site acts as a venue to allow anyone to research the best available business for his or her needs within a
given geographic area. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the
quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to
buy items. We cannot ensure that a buyer or seller will actually complete a transaction. 3.1 Identity Verification. We use many techniques to
identify our users when they register on our site. However, because user verification on the Internet is difficult, BetsyRaye.com cannot and does
not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are
dealing. 3.2 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release BetsyRaye.com (and
our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 3.3
Information Control. We do not control the information provided by other users that is made available through our system. You may find other
user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Our
feedback system is designed to allow you to respond to any posts concerning your business in a professional manner. Please note that there
are also risks of dealing with underage persons or people acting under false pretense.
4. Listing and Selling.4.1 Listing Description. You must be legally able to sell the item(s) or service(s) you purport to sell (or provide) on our
site. You must describe your business on the business profile page of our site. 4.2 Fraud. Without limiting any other remedies, BetsyRaye.com
may suspend or terminate your registration/account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or
otherwise) have engaged in fraudulent activity in connection with our site.
5. Your Information.5.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration page. You
are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.5.2
Restricted Activities. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be
fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those
governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors,
shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g)
contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause
us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or
services that: (aa) are prohibited under this Agreement. 5.3 License. Solely to enable BetsyRaye.com to use the information you supply us with,
so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights)
you have in Your Information, in any media now known or not currently known, with respect to Your Information. BetsyRaye.com will only use
Your Information in accordance with our Privacy Policy.
6. Access and Interference. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written
permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to
interfere with the proper working of the BetsyRaye.com site or any activities conducted on our site. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real
time basis and is proprietary. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content
(except for Your Information) from our website without the prior expressed written permission of BetsyRaye.com or the appropriate third party.
7. Breach. Without limiting other remedies, we may immediately remove your registration from our listings, warn our community of your actions,
issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and refuse to provide our services to you if: (a) you
breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to
us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
8. Privacy. We only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community
principle. We understand clearly that you and your information are our most important assets. We store and process your information on
computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information
being transferred or used in this way please do not use our services.
9. No Warranty. WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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.
10. Liability Limit. IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS
AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES, AND
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU
PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. Indemnity. You agree to indemnify and hold us and (as applicable) our affiliates, officers, directors, agents, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the
documents it incorporates by reference, or your violation of any law or the rights of a third party.
12. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding
your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
13. No Agency. You and BetsyRaye.com are independent contractors, and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
14. Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by
BetsyRaye.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the BetsyRaye.com site operations,
intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Seattle, Washington, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof. Either you or BetsyRaye.com may seek any interim or preliminary
relief from a court of competent jurisdiction in Seattle, Washington necessary to protect the rights or property of you or BetsyRaye.com pending
the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up
to $1000.00.
15. General. This Agreement shall be governed in all respects by the laws of the State of Washington. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If
any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be
enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by BetsyRaye.com, in our sole
discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the
subject matter hereof. Disputes between you and BetsyRaye.com regarding our services may be reported to Administrative Department:
Admin@betsyraye.com.
Terms of Use and Privacy Policy
Welcome. BetsyRaye.com is here to educate, inform and be of support to couples who are in the exciting and sometimes hectic, but joyful
period of their lives before their wedding day. We hope to be of service to you.
BetsyRaye.com, Betsy Raye or A Perfect Dream Wedding by Betsy Raye, herein known as BetsyRaye.com, We or The Company, does not sell
or rent your personal information to companies that make or distribute marketing lists for trends and statistics.
The BetsyRaye.com website contains links to other Web sites. BetsyRaye.com is not responsible for the privacy practices or the content of
such Web sites.
Privacy Policy
As described below, as part of the normal operation of our services, your information is collected by us, can be disclosed to third parties and
used by third parties and us. This Privacy Policy describes the information we collect about you and what may happen to that information.
Subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices throughout the BetsyRaye.com
community.
By accepting the Privacy Policy and the User Agreement in registration, you expressly consent to our use and disclosure of your personally
identifiable information. This Privacy Policy is incorporated into and subject to the terms of the BetsyRaye.com User Agreement. This Privacy
Policy is effective on January 1, 2009.
1. We Collect Information.
Our primary goal in collecting personal information is to provide you with a service in which you request and one that is easy to understand and
efficient.
You can browse our site without telling us who you are or revealing any personal information about yourself. Once you give us your personal
information, you are not anonymous to us. If you choose to use our services, we may require you to provide contact and identity information,
billing information, and other personal information as indicated on the forms throughout our site. Where possible, we indicate which fields are
required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or
feature.
For certain accounts where purchases of our services/products are made, we use your financial information, including credit card information
to verify your name, address, and other information, as well as to bill you for your use of our services.
We automatically track certain information based upon your travels throughout our site. We use this information to do internal research on our
users' demographics, interest and to better understand and serve you and our community. This information may include the URL that you just
came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are
using, and your IP address.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your
activities or postings on the site, we may collect such information specific to you.
2. Our Use of Your Information.
We use your information to facilitate the services you request. We use information we maintain about you and information we obtain from your
current and past activities on the site, to resolve disputes, troubleshoot problems and enforce our User Agreement.
If you choose to provide us with your credit card information for any reason, we use your address and billing information to bill you and provide
associated support.
You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to improve the
marketing efforts of our partners, to analyze site usage, improve our content and product offerings, and customize our site's content, layout, and
services. These uses improve our site and better tailor it to meet your needs.
You agree that we or third parties may use your information to contact you and deliver information to you that, in some cases, are targeted to
your requests and or interests, such as targeted banner advertisements, administrative notices, product offerings, and communications
relevant to your use of the site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information.
3. Our Disclosure of Your Information.
Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable
information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we
may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or
access transmissions or private communications, or users may abuse or misuse your information that they collect from our site. Therefore,
although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally
identifiable information or private communications will always remain private.
We may sell or rent any personally identifiable information about you to third parties. The following describes some of the ways that your
personally identifiable information may be disclosed.
Advertisers. We can collect personally identifiable information and disclose such information in a non-personally identifiable manner to
advertisers and other third parties for other marketing and promotional purposes. However, in these situations, we do not disclose to these
entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit
card number, and bank account number, are not disclosed to marketing advertisers ever.
External Service Providers. There are a number of services offered by external service providers that help you and help you use our site. If you
choose to use these optional services, disclose information to the external service providers, and/or grant them permission to collect
information about you, then their use of your information is governed by their privacy policy. To prevent our disclosure of your personally
identifiable information to an external service provider, you can decline such disclosures or simply not use their services. Because we do not
control the privacy practices of these third parties, you should evaluate their practices before deciding to use their services. The use of such
information by other companies and affiliated web sites is limited by their applicable privacy policies.
Legal Requests. BetsyRaye.com cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual
property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement or other
government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual
property infringements, or other activity that is illegal or may expose us or you to legal liability. Further, we can (and you authorize us to) disclose
your, name, street address, city, state, zip code, phone number, email, and organization name as we in our sole discretion believe necessary
or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. Additionally,
BetsyRaye.com reserves the right (and you authorize BetsyRaye.com) to communicate any information about you to law enforcement as we in
our sole discretion determine necessary or appropriate to maintain a level of trust and safety in our community and to enforce our User
Agreement, Privacy Policy and any posted policies or rules applicable to services you use through our site.
Betsyraye.com and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a BetsyRaye.com
user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent after adequate
disclosure. You may not use email- forwarding services to send spam or otherwise send content that would violate our User Agreement.
4. Other Information Collectors.
Except as otherwise expressly included in this Privacy Policy, this document only addresses the use and disclosure of information we collect
from you. To the extent that you disclose your information to other parties on other sites throughout the Internet, different rules may apply to their
use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy
policies. Since BetsyRaye.com does not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We
encourage you to ask questions before you disclose your personal information to others.
5. Security.
BetsyRaye.com uses industry standard practices to safeguard the confidentiality of your personal identifiable information, including "firewalls",
and Secure Socket Layers for the protection of data during transfer across the internet. BetsyRaye.com treats data as an asset that must be
protected against loss and unauthorized access. We are as careful as we can be to protect such data from unauthorized access by users
inside and outside the company. However, "perfect security" does not exist on the Internet.
6. Conflict of Terms.
It is our goal to make our privacy practices easy to understand. If you have questions about any part of our Privacy Policy, please contact us at
admin@betsyraye.com
Notice.
We may amend this Privacy Policy at any time by posting the amend terms on our site. All amended terms shall automatically be effective 5
days after they are initially posted on our site.
Terms and Conditions
ACCEPTANCE OF TERMS
BetsyRaye.com provides its service to you, subject to the following Terms of Use ("TOS"), which may be updated by us from time to time
without notice to you. In addition, when using particular BetsyRaye.com services, you and BetsyRaye.com shall be subject to any posted
guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS.
DESCRIPTION OF SERVICE
BetsyRaye.com provides users with access to education, many resources, including, various communications tools, and content that can be
personalized through its system. You also understand and agree that the Service may include advertisements and that these advertisements
are necessary for BetsyRaye.com to provide the Service. You also understand and agree that the service may include certain communications
from BetsyRaye.com or third parties, such as service announcements, promotions, and administrative messages, and that these
communications are considered part of doing business with BetsyRaye.com and you will not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BetsyRaye.com
properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that BetsyRaye.com assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or
incomplete, or BetsyRaye.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
BetsyRaye.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion
thereof).
MEMBER CONDUCT
You understand that all information, data, text, or other materials ("Content") transmitted are the sole responsibility of the person from which
such Content originated. This means that you, and not BetsyRaye.com, are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. BetsyRaye.com does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will BetsyRaye.com be liable in any way for any
Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a BetsyRaye.com official, expert, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law;
11. "stalk" or otherwise harass another; or
12. collect or store personal data about other users.
You acknowledge that BetsyRaye.com does not pre-screen Content, but that BetsyRaye.com and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, BetsyRaye.com
and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any Content created by BetsyRaye.com or submitted to BetsyRaye.com.
You acknowledge and agree that BetsyRaye.com may preserve Content and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c)
respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BetsyRaye.com, its
users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
BetsyRaye.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant BetsyRaye.com the following world-
wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of BetsyRaye.com, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and
promoting the relevant section on BetsyRaye.com. This license exists only for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or BetsyRaye.com removes such Content from the Service.
INDEMNITY
You agree to indemnify and hold BetsyRaye.com, and its employees, affiliates, officers, agents, co-branders or other partners, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit
or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any
rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or
access to the Service.
MODIFICATIONS TO SERVICE
BetsyRaye.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that BetsyRaye.com shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
TERMINATION
You agree that BetsyRaye.com, in its sole discretion, may terminate your, account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without limitation, for lack of use or if BetsyRaye.com believes that you have
violated or acted inconsistently with the letter or spirit of the TOS. BetsyRaye.com may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision
of this TOS may be effected without prior notice, and acknowledge and agree that BetsyRaye.com may immediately deactivate or delete your
registration/account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you
agree that BetsyRaye.com shall not be liable to you or any third-party for any termination of your access to the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that BetsyRaye.com shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BetsyRaye.com has no
control over such sites and resources, you acknowledge and agree that BetsyRaye.com is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that BetsyRaye.com shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
BETSYRAYE’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BetsyRaye.com or advertisers, you
agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BETSYRAYE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. BETSYRAYE.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BETSYRAYE.COM OR THROUGH OR FROM
THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BETSYRAYE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BETSYRAYE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
TRADEMARK INFORMATION
You agree not to display or use the BetsyRaye.com’s name or logo in any manner without BetsyRaye.com’s prior permission.
GENERAL INFORMATION
The Terms Of Service, TOS, constitute the entire agreement between you and BetsyRaye.com and govern your use of the Service, superceding
any prior agreements between you and BetsyRaye.com. You also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software. The TOS and the relationship between you and BetsyRaye.com shall be
governed by the laws of the State of Washington without regard to its conflict of law provisions. You and BetsyRaye.com agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of King, Washington. The failure of BetsyRaye.com to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual
effect.
Additional Terms.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific
account types offered on our site:
User Agreement (Businesses)
THE FOLLOWING DESCRIBES THE TERMS ON WHICH BETSYRAYE.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for BetsyRaye.com, A.K.A., Betsy Raye, A Perfect Dream Wedding by Betsy Raye, herein referred to as
BetsyRaye.com, We or the Company. This Agreement describes the terms and conditions applicable to your use of our services available
under the domain and sub-domains of www.BetsyRaye.com. If you do not agree to be bound by the terms and conditions of this Agreement, do
not use or access our services. You must read, agree with and accept all of the terms and conditions contained in this User Agreement and
the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may
become a registrar of BetsyRaye.com. We strongly recommend that, as you read this User Agreement, you also access and read the
information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply
to you as a BetsyRaye.com registrar/user.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall
automatically be effective 5 days after they are initially posted on our site. This Agreement is effective on January 1, 2009.
1. Registrar Eligibility. Our services are available only to individuals who can form legally binding contracts under applicable law. Without
limiting the foregoing, our services are not available to temporarily or indefinitely suspended BetsyRaye.com registrars. If you do not qualify,
please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this
Agreement.
2. Fees and Services. Registering on BetsyRaye.com is free. If you wish to subscribe to services provided by BetsyRaye.com, fees must be
paid in relation to those services/products. We may change the fees for our services/products from time to time. When you register for services
you have an opportunity to review and accept the fees that you will be charged for those services/products. We may in our sole discretion
change some or all of our services/products at any time. In the event we introduce a new service/product, the fees for that service are effective
at the launch of the service/product. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees
associated with using our service and products on our website and all applicable taxes.
3. BetsyRaye.com is a Venue. Our site acts as a venue to allow anyone to research the best available business for his or her needs within a
given geographic area. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the
quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to
buy items. We cannot ensure that a buyer or seller will actually complete a transaction. 3.1 Identity Verification. We use many techniques to
identify our users when they register on our site. However, because user verification on the Internet is difficult, BetsyRaye.com cannot and does
not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are
dealing. 3.2 Release. Because we are a venue, in the event that you have a dispute with one or more users, you release BetsyRaye.com (and
our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 3.3
Information Control. We do not control the information provided by other users that is made available through our system. You may find other
user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Our
feedback system is designed to allow you to respond to any posts concerning your business in a professional manner. Please note that there
are also risks of dealing with underage persons or people acting under false pretense.
4. Listing and Selling.4.1 Listing Description. You must be legally able to sell the item(s) or service(s) you purport to sell (or provide) on our
site. You must describe your business on the business profile page of our site. 4.2 Fraud. Without limiting any other remedies, BetsyRaye.com
may suspend or terminate your registration/account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or
otherwise) have engaged in fraudulent activity in connection with our site.
5. Your Information.5.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration page. You
are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.5.2
Restricted Activities. Your Information (or any items listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be
fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those
governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors,
shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g)
contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause
us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or
services that: (aa) are prohibited under this Agreement. 5.3 License. Solely to enable BetsyRaye.com to use the information you supply us with,
so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights)
you have in Your Information, in any media now known or not currently known, with respect to Your Information. BetsyRaye.com will only use
Your Information in accordance with our Privacy Policy.
6. Access and Interference. Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written
permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to
interfere with the proper working of the BetsyRaye.com site or any activities conducted on our site. You agree that you will not take any action
that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real
time basis and is proprietary. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content
(except for Your Information) from our website without the prior expressed written permission of BetsyRaye.com or the appropriate third party.
7. Breach. Without limiting other remedies, we may immediately remove your registration from our listings, warn our community of your actions,
issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and refuse to provide our services to you if: (a) you
breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to
us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
8. Privacy. We only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community
principle. We understand clearly that you and your information are our most important assets. We store and process your information on
computers located in the United States that are protected by physical as well as technological security devices. If you object to your Information
being transferred or used in this way please do not use our services.
9. No Warranty. WE, OUR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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.
10. Liability Limit. IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS
AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES, AND
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU
PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
11. Indemnity. You agree to indemnify and hold us and (as applicable) our affiliates, officers, directors, agents, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the
documents it incorporates by reference, or your violation of any law or the rights of a third party.
12. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding
your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
13. No Agency. You and BetsyRaye.com are independent contractors, and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this Agreement.
14. Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by
BetsyRaye.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the BetsyRaye.com site operations,
intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Seattle, Washington, and judgment on the
arbitration award may be entered into any court having jurisdiction thereof. Either you or BetsyRaye.com may seek any interim or preliminary
relief from a court of competent jurisdiction in Seattle, Washington necessary to protect the rights or property of you or BetsyRaye.com pending
the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up
to $1000.00.
15. General. This Agreement shall be governed in all respects by the laws of the State of Washington. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If
any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be
enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by BetsyRaye.com, in our sole
discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the
subject matter hereof. Disputes between you and BetsyRaye.com regarding our services may be reported to Administrative Department:
Admin@betsyraye.com.
BetsyRaye.com