Vendor Terms and Conditions
Effective Date December 1, 2024
By registering with SearchOhioWeddingVenues.com as a “Vendor”, you may further elect to participate in certain Search Ohio Wedding Venues Services ("Programs"). By clicking 'Submit', you shall be deemed to have accepted these Vendor Terms and Conditions (as amended by Search Ohio Wedding Venues, from time to time, the " Vendor Terms") AND the General Terms and Conditions (the "General Terms"), in their respective entireties. These Vendor Terms are hereby incorporated into, and made a part of, the General Terms. Please review the General Terms and these Vendor Terms carefully. Capitalized terms used in these Vendor Terms, but not defined, shall have the meanings ascribed thereto in the General Terms.
AGREEMENT TO TERMS
This terms of use agreement (“Terms”) constitutes a legally binding contract between All Events Party & Wedding Rentals, LLC, dba as SearchOhioWeddingVenues.com a Ohio entity, and our affiliates (collectively, “Search Ohio Wedding Venues,” “we,” “us”), and you, with respect to your use of all properties (Web, mobile or otherwise) owned or operated by Search Ohio Wedding Venues (collectively, the “Properties”), and all products and services available from Search Ohio Wedding Venues or other third parties to Vendor (as defined below) in connection with the Properties (individually and collectively with the Properties, the “Services”). By using the Services, you acknowledge that you have read, understood, and agree to be bound by, the Terms and our Privacy Policy. If you do not agree to the Terms, please do not use the Services.
Please note that these Terms include a class action waiver, a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by you.
CHANGES TO TERMS
Any changes to the Terms will be effective immediately upon posting. Please review the Terms each time you use the Services as your continued use of the Services after such changes will constitute acceptance of, and agreement to, such changes. You further waive any right you may have to receive specific notice of such changes.
CONSENT
You affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
OUR PRIVACY POLICY
Our Privacy Policy, which describes how we collect and use information from our users, is available at the link titled “Privacy Policy” on our homepage and other locations within the Services.
SERVICES WE PROVIDE
Search Ohio Wedding Venues connects party hosts and other third parties (individually, “User,” collectively, “Users”) and service providers of all types (individually, a “Vendor,” “you,” or “your,” and collectively, “Vendor”). We help Users and others discover service providers and select a Vendor based what matters most to them.
PARTICIPATION IN PROGRAMS
As a registered Vendor, you may have the option to participate in certain Programs for which Search Ohio Wedding Venues charges a fee. If you elect to do so, then the following additional terms shall apply to you:
PAID SERVICES
Although Search Ohio Wedding Venues does not charge a fee to register as a Vendor, as a registered Vendor, you may have the option to participate in certain Programs for which Search Ohio Wedding Venues charges a fee. Search Ohio Wedding Venues shall provide you an opportunity to review and accept any applicable fees before you agree to participate in a paid Program. Search Ohio Wedding Venues may condition your right to participate in any Program upon your acceptance of additional terms and conditions. Search Ohio Wedding Venues may modify any of its Programs (including applicable fees) or these Vendor Terms at any time without liability. Search Ohio Wedding Venues shall notify you of changes to these Vendor Terms or the General Terms. Your continued participation in the Program after notice that these Vendor Terms have changed constitutes your acceptance of the new Vendor Terms. Search Ohio Wedding Venues may reject or remove any listing for any or no reason.
SUBSCRIPTION SERVICES. NO GUARANTEE
Search Ohio Wedding Venues and Vendor may agree to the term, fees and other terms of a Subscription Service as outlined in the applicable contract (“Subscription Contract”). “Subscription Term” means the period of time that Customer may use and access the Subscription Service as outlined in the Subscription Contract, beginning on the “Effective Date” as set forth in the Subscription Contract.
Vendor agrees and acknowledges that Search Ohio Wedding Venues cannot and does not guarantee the results of any Subscription Service, including the exposure you will receive as part of the Services or the number or quality of potential customers that will contact you. However, Vendor also understands and acknowledges that the amount and quality of Vendor’s information (including, the amount and quality of profile data, party activity and endorsements) will benefit Vendor’s exposure within the Services and Vendor agrees to immediately complete a profile upon signing up for the Subscription Service and to populate such profile with as much information as possible.
TERM
The “Initial Subscription Term” of a Subscription Service begins on the first day the Subscription Service is made available to Vendor and continues for the length of time specified in the Subscription Contract. After the Initial Subscription Term, if a Subscription Service has not been terminated, it will automatically renew for successive “Renewal Subscription Term” (as defined below) until terminated by Vendor. Termination of the Initial Subscription Term or the Renewal Subscription Contract must be in accordance with the termination procedure below.
PAYMENT
Vendor authorizes Search Ohio Wedding Venues to bill Vendor’s credit card on the first day of the Initial Term and thereafter during the Initial Term as specified in the Confirmatory Email. For example, if the Confirmatory Email specifies an Initial Term of one year with payment monthly, then Vendor’s credit card would be billed the specified monthly amount on the first day of the Initial Term and the same day of every month thereafter during the Initial Term. And, if the Confirmatory Email specifies an Initial Term of one year with prepayment, then Vendor’s credit card would be billed the total specified yearly amount on the first day of the Initial Term and Vendor would not be billed thereafter during the Initial Term.
In addition, Vendor authorizes Search Ohio Wedding Venues to bill Vendor’s credit card on the first day of each Renewal Term in the amount specified in the Subscription Service. For example, if the Confirmatory Email specifies a monthly Renewal Term, then Vendor’s credit card would be billed the specified monthly amount on the first day of each month thereafter. And, if the Service Contract specifies a quarterly Renewal Term, then Vendor‘s credit card would be billed the specified quarterly amount on the first day of each quarter thereafter.
You agree to notify Search Ohio Wedding Venues of any changes to your credit card information necessary to process your payment. If Search Ohio Wedding Venues is unable to process the payment, Vendor will be responsible for making an alternate payment arrangement and any resulting processing fees that may be incurred. Any prepaid amounts are not refundable, except as specifically described in these Terms.
NO ENDORSEMENT
Search Ohio Wedding Venues does not sponsor, endorse, recommend or approve of any Vendor who offers products or services through the Services. Reference to any products, services or other information by trademark, manufacturer, supplier or otherwise does not constitute or imply an endorsement, sponsorship or recommendation by us. All non-Search Ohio Wedding Venues trademarks, product names and logos appearing on our Services are property of their respective owners.
ENHANCED LISTING
If you elect to participate in the Enhanced Listing Program, then, by clicking the 'Submit Order' button on the 'Secure Payment' page, you agree that the following additional terms shall apply to you:
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In exchange for receipt by Search Ohio Wedding Venues of your payment of the amount set forth on the applicable 'Secure Payment' page, Search Ohio Wedding Venues shall display your listing in the manner that you select for a period of one year.
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You may cancel your participation in the Enhanced Listing Program with respect to all or any single listing by notice to Search Ohio Wedding Venues. Cancellation of your participation in the Enhanced Listing Program shall not relieve you of any payment obligation incurred by you prior to cancellation or entitle you to any refund.
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You represent and warrant that you hold, and hereby grant Search Ohio Wedding Venues, all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in all information necessary to permit Search Ohio Wedding Venues to post your listing in the manner described above.
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You shall be responsible for all charges as set in your Website account and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by Search Ohio Wedding Venues. You shall pay all charges in accordance with the payment terms in these Vendor Terms.
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To the fullest extent permitted by law, refunds (if any) are at the discretion of Search Ohio Wedding Venues. Nothing in these Vendor Terms obligates Search Ohio Wedding Venues to extend credit to any party. Vendor acknowledges and agrees that any credit card and related billing and payment information that Vendor provides to Search Ohio Wedding Venues may be shared by Search Ohio Wedding Venues with companies who work on Search Ohio Wedding Venues behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Search Ohio Wedding Venues and servicing Vendor’s account. Search Ohio Wedding Venues may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Search Ohio Wedding Venues shall not be liable for any use or disclosure of such information by such third parties.
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Automatic Renewal
As of November 1, 2024, any Enhanced Listing paid for by credit card shall automatically renew at the expiration of the 12-month term for an additional 12 months at the current rate at the renewal time.
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If the Enhanced Listing was purchased by check or PayPal, it shall not automatically renew.
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Automatic renewal is designed to provide you with no interruption in our service to you. By purchasing a listing enhancement, you are affirming and authorizing us to charge your credit card at the end of each listing enhancement term for an additional time period at the then-current subscription rate for the same Enhanced Listing product.
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If the product you purchased is no longer available, you authorize us to charge your credit card for a product that is the most similar to the original product that you purchased, at the then-current price of the new product.
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For any assistance at all regarding your Enhanced Listing or automatic renewal, please call us at 740-873-6864
SALES LEADS
If you elect to participate in the Enhanced Listing Program, then, by clicking the ['Submit Order'] button on the 'Secure Payment' page, you agree that the following additional terms shall apply to you:
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In exchange for receipt by Search Ohio Wedding Venues of your payment of the amount(s) set forth on the applicable 'Secure Payment' page, Search Ohio Wedding Venues shall provide Sales Leads. "Sales Lead" means information submitted by Customers in the course of using the SearchOhioWeddingVenues.com subscriber services.
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You acknowledge and agree that Search Ohio Wedding Venues may distribute Sales Leads to other Vendors.
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You may not sell or otherwise disclose Sales Leads to any third party.
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Your cancellation of your Enhanced Listing will cancel your participation in the Sales Lead Program.
VENDOR LISTING MAINTENANCE
You may not transfer your Search Ohio Wedding Venues account (including Feedback) or User Id to another party. By registering as a Vendor, you represent and warrant to Search Ohio Wedding Venues that you have all necessary right, power and authority to bind yourself, or the business entity on whose behalf you accept these Vendor Terms, to these Vendor Terms and the General Terms. You may use the Website only if you (a) have all necessary rights and authority to sell the item(s) or service(s) you purport to sell on the Website, and (b) completely and accurately describe your business on the business profile page of the Website. Search Ohio Wedding Venues reserves the right, at any time and from time to time, to monitor your use of the Website to determine compliance with these Vendor Terms, as well as the right to remove or refuse to post any information for any reason.
THIRD-PARTY MATERIALS
The Services may contain links to third party websites, advertisements, services, offers, activities or other content (collectively, “Third Party Materials”). These Third-Party Materials are not owned or controlled by Search Ohio Wedding Venues. These Third-Party Materials are provided for your reference and convenience only, and do not imply any endorsement, sponsorship or recommendation by Search Ohio Wedding Venues.
Permissible Use and Search Ohio Wedding Venues Intellectual Property
GRANT OF LIMITED LICENSE
As a Vendor acting in your professional capacity, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Services for the purpose of providing information, products and services as contemplated by the Services.
SERVICES ARE PROTECTED
The Services, including all material and information, and the selection, arrangement and composition of such information (“Materials”) are proprietary property of Search Ohio Wedding Venues, its suppliers, and licensors and are protected by United States and international intellectual property laws, including trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Services. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved.
NO IMPROPER USES
You may not frame any part of our Services. You may not use, or attempt to use, the Services through any means not explicitly and intentionally made available, provided or intended with respect to the Services. You may not harvest information about users of the Services for any purpose. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or that harms Search Ohio Wedding Venues, its service providers, suppliers or any other person.
ACCURATE INFORMATION
You agree to promptly complete your profile in connection with the Services and to provide us with such additional information as we reasonably request of Vendors. In addition, you agree to provide accurate, complete and up to date information in connection with the Services and to update such information and to keep it accurate, complete and up to date at all times.
USER SUBMISSION RESPONSIBILITY
The Services may permit you and other users to submit text, photos, videos, measurements, comments, reviews, feedback, notes, ideas, know-how, techniques, data or information of any nature whatsoever (individually and collectively, “User Submissions”). You shall be solely responsible for your own User Submissions and the consequences of submitting them. In addition, You agree that Search Ohio Wedding Venues may obtain information relating to your or your business (“Vendor Data”).
LICENSE TO USER SUBMISSIONS
With respect to both User Submissions and Vendor Data, you grant Search Ohio Wedding Venues a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, publicly perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions and Vendor Data in all media. We will not pay you or otherwise compensate you for User Submissions or Vendor Data.
DO NOT POST ILLEGAL OR HARMFUL CONTENT
You agree that you are the exclusive owner of all rights in the User Submissions and such rights have not been assigned or encumbered. You agree not to post, submit or link to any User Submissions or material that infringes, misappropriates or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Search Ohio Wedding Venues.
DO NOT POST IMPROPER CONTENT
You agree not to post, submit or link to any User Submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Services; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
REVIEW OF USER SUBMISSION
We monitor and approve, but do not endorse, your or anyone else’s User Submissions. We reserve the right (but assume no obligation) to remove or modify User Submissions for any reason, at our sole discretion.
LICENSES AND OBLIGATIONS
You agree that you will solicit, accept and perform work only if you possess the qualifications, experience and skill necessary to complete such work, and you will complete such work with the degree of skill and care that is required by current good and sound professional procedures and practices in accordance with applicable industry standards. You also agree that you have (and will continue to maintain) current valid licenses and authorizations required by all applicable authorities for any work you solicit, accept or perform.
FURTHER VENDOR OBLIGATIONS
You agree to comply with Search Ohio Wedding Venues’ informational requests from time to time in connection with the Services, including providing information to be used by Search Ohio Wedding Venues to assess certain matters via third party service providers, such as, background checks, credit checks and evaluation of character and general reputation.
UPDATED INFORMATION
You agree to immediately notify us if: (i) any information you have provided to Search Ohio Wedding Venues, or any relevant information about You, has changed, (ii) a User has notified you that they have a complaint with you or any products or services provided by you, (iii) you have received notice of any complaint, investigation, fine or adverse action taken by a governmental authority with respect to your professional license, or (iv) you have been notified of any termination, suspension, or lapse of any professional license, insurance or bonding.
INFORMATION REGARDING USERS
Search Ohio Wedding Venues may provide you with personal information relating to individuals that are seeking products or services from you. You may not rent, sell or otherwise provide this information to others. You may not use, or attempt to use, this information in a manner that would violate these Terms or for any purpose not explicitly intended by Search Ohio Wedding Venues.
QUALITY CONTROL
You understand that Search Ohio Wedding Venues representatives or other parties may access your Vendor account submissions and usage information and may review and use such information as it deems appropriate, including as reasonably needed to investigate complaints, to provide services to you, and to verify information you have provided.
CONFIDENTIALITY
If you receive confidential information of Search Ohio Wedding Venues, until such information is no longer confidential, you agree not to disclose it to any third party nor use such information, except as necessary to perform your obligations contemplated by our relationship. Confidential information includes but is not limited to information concerning fees, marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information as deemed confidential by Search Ohio Wedding Venues which is not generally known to the public.
INDEPENDENT CONTRACTOR
You acknowledge that you are an independent contractor, and no agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms or any relationship between us and you have no power or authority to make any commitments on behalf of Search Ohio Wedding Venues. You shall be solely responsible for the supervision, direction and control, compensation, benefits and withholdings of all of your employees.
TERMINATION
To terminate a Premium Product effective as of the last day of the Initial Subscription Term or the last day of the then current Renewal Term, you must notify us at least 30 days prior to such last day by sending an email to info@searchohioweddingvenues.com . A Subscription Service may only be terminated with an effective date on the last day of the Initial Subscription Term or then current Renewal Term (as applicable) and not before such date.
Search Ohio Wedding Venues may terminate a Subscription Service immediately by providing written notice to you (either by email or letter). If termination is by Search Ohio Wedding Venues as a result of your material breach of the Terms, you will not be entitled to a refund of any previously paid amount.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been reproduced in connection with the Services in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Services, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
All Events Party & Wedding Rentals, LLC
850 Euclid Ave, Suite 819
Cleveland, Ohio 44114
DISCLAIMER AND LIMITATION OF LIABILITY
Search Ohio Wedding Venues DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROGRAM, AND YOUR PARTICIPATION THEREIN, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Search Ohio Wedding Venues DOES NOT PROMISE THAT YOUR PARTICIPATION IN ANY PROGRAM WILL GENERATE ENGAGEMENTS FOR YOU. THE ENTIRE RISK OF YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING COLLECTION OF ANY AMOUNTS OWED TO YOU IN CONNECTION WITH ANY ENGAGEMENTS BOOKED AS A RESULT OF YOUR PARTICIPATION IN ANY PROGRAM, REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Search Ohio Wedding Venues BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IF Search Ohio Wedding Venues IS NEVERTHELESS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, Search Ohio Wedding Venues AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT THAT YOU PAID TO Search Ohio Wedding Venues TO PARTICIPATE IN THE PROGRAM.
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT Search Ohio Wedding Venues WOULD NOT PERMIT YOU TO PARTICIPATE IN ANY PROGRAM ABSENT SUCH LIMITATION. Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE Search Ohio Wedding Venues PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICES AND YOUR TRANSACTIONS WITH Search Ohio Wedding Venues, USERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON- INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
INDEMNIFICATION
You agree to defend, indemnify, and hold Search Ohio Wedding Venues, its officers, directors, employees, agents, licensors, affiliates and suppliers, harmless, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use or misuse of the Website, any violation of these Vendor Terms, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.