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Terms and Conditions
The submission of information to, and use of, the Event Listing and Event Service listing service ("Service") available through the
banquetsetc.com web site is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and
banquetsetc.com, Inc. ("BETC"). If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Licensing,
banquetsetc.com, Inc., 2401 N. Tenth Street, Suite A,
McAllen, Texas 78501.
Submission and Administration of Listings
Customer agrees not to submit any service listings,
descriptions, photographs, financial, contact or other information contained in each
Service Listing's data to banquetsetc.com unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the
Service Listing on the Customer's website or on
banquetsetc.com's website. The Company may, in its sole discretion but without any obligation to search for such, remove
Service Listing that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, Customers who repeatedly violate this Agreement. Additionally, the Customer agrees to allow the
Service Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the
banquetsetc.com website. The Company shall have the sole authority to choose the manner in which any
Service Listing will be searched, displayed, access downloaded, copied, and otherwise used on the
banquetsetc.com website and Company shall have the right to modify the
Service Listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all
Service Listings and associated information provided by the Customer will be accurate; (b) agrees to administer the
Service Listing provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the
Service Listings posted on the Customer's website or on the
banquetsetc.com website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer.
Customer agrees that Listings added to the banquetsetc.com web site will only receive Premium Listing benefits if all contacts added to that listing are also Premium Members. If a Basic Member is added as a contact to a Premium Listing, the listing will be treated as a Basic Listing.
While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to
banquetsetc.com.
Use of Information
Customer agrees to treat all information and Listings obtained from the Service as proprietary to
BETC. Customer agrees that information and Listings reserved for members will be maintained as confidential and shall be protected as a trade secret of
BETC. BETC does not ensure the accuracy of, endorse or recommend any Listings and Customer uses such Listings at its own risk. Customer may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access and use of Listings to personal and internal use, and shall not use Listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works. Customer shall not use or reproduce Listings obtained from the Service for or in connection with any other listing service or device.
Nature of Customer's Business
If Customer or an Affiliate of Customer owns properties and intends to market them directly via the
Web Site Service, banquetsetc.com, such Customer represents to
banquetsetc.com
that it either (a) markets, using its own facilities, more than 2/3 of those properties which it owns and controls, or (b) markets properties for third parties where such third party brokerage services account for more than twenty percent (20%) of the total revenues of the entity.
Payment Terms
Customer agrees to pay for all products ordered through the
banquetsetc.com
web site using the payment method indicated. Fees owed depend on the specific type and quantity of
banquetsetc.com Deliverables ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorneys fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be paid by Customer. If payment is not current,
banquetsetc.com may immediately cease to provide deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Prepaid annual fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation. There will be no refunds of partial months. Cancellations within the first 90 days will be subject to a $25 early termination fee. Subscriptions will automatically renew unless Customer contacts
banquetsetc.com in writing or by calling Client Services 30 days prior to the renewal date and indicates its intent to cancel its subscription. The Company reserves the right to change its fees or billing methods at any time. The Company will provide written notice of any such change at least thirty days in advance.
Ownership and License Grant
banquetsetc.com retains all rights (including intellectual property rights), title and interest in the
banquetsetc.com Web site and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of
banquetsetc.com's technology or delete or alter author attributes or copyright notices. Customer shall use the
banquetsetc.com system solely for their own use and shall not allow others to use the
banquetsetc.com system under or through that Customer's login id/email and password.
Limitation of Liability and Indemnification
IN NO EVENT SHALL banquetsetc.com BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy, and
banquetsetc.com's entire liability under this Agreement shall be a refund to Customer of the fees paid to
banquetsetc.com hereunder, and in no event will
banquetsetc.com's liability for any reason exceed such fee.
banquetsetc.com (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify
banquetsetc.com (and banquetsetc.com's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables.
Warranty Disclaimers
THE LISTINGS AND SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
BETC MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND
BETC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED KINGDOM, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
Other Rights of BETC
Customer agrees that BETC shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the world wide web for unrestricted use by customers.
BETC shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion.
BETC shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings.
Miscellaneous
The Deliverables provided by banquetsetc.com shall be governed by the laws of the State of
Texas, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of
Hidalgo County, Texas. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Customer without the prior written consent of
banquetsetc.com, which consent shall not be unreasonably withheld. The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to CFO at
banquetsetc.com. |
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Weddings
