Go Blue Ridge Travel™ Terms & Conditions
GoBlueRidgeTravel™ operates this and all other Sites within the United States. All issues and claims relating to use of this Site are governed by the laws of the United States and Commonwealth of Virginia. If You access this Site from any other country or state, You agree to be bound by U.S. and Virginia laws and regulations with regard to such use.
In addition to those terms elsewhere defined herein, the following words shall have the following meaning:
“Traveler, Corporate Planner, Tourist, Bride or Vendor/Advertiser ” means any User who lists, registers, is a party to, consults with or organizes a vacation, meeting, or wedding or similar civil ceremony, in whole or in part, regardless of gender or other affiliation.
“Content” means any and all GoBlueRidgeTravel™ owned or licensed text, audio, video, images, pictures, designs, music, information or material posted or accessed on or through the Site other than User Content.
“Services” mean the GoBlueRidgeTravel™ organizational, planning, solicitation, quoting, acquisition, communication, referral and/or feedback products and services available on or through the Sites.
“Site” or “Sites” mean any and all Go Blue Ridge Travel or Encore Event Partners-related web sites referred to in the introductory paragraph hereof.
“Third Party Content” means any Content posted on or available through the Site that is owned or controlled by a third party other than us or a User, including but not limited to advertisers.
“Users” include Tourist, Corporate Planners, Brides and Vendors unless the context clearly indicates otherwise.
“User Content” means any Content posted on or available through the Site that is owned or controlled by a User.
“Vendor” means any supplier of any products or services to a Tourist, Meeting Planner, or Bride..
Eligibility for Services
You hereby agree that we have absolute discretion whether or not to accept or permit access to the Services by a particular User. You must be at least 18 years of age to access the Services because all Users must be able to form legally binding contracts under applicable law. Our Services are not available to minors and Your use of this Site or the Services constitute Your representation and warranty that You are of legal age.
Description Of Services
The Services include a wide range of tools, Content, products, services, benefits and resources to enable Tourists, Meeting Planners, and Brides to efficiently plan a vacation, corporate meeting or wedding and for Vendors to efficiently serve their clients and customers. Some of the Services offered on the Site may include feedback to questions by Users of this Service and/or articles with original Third Party Content and opinions. Use of this Content or links to any Third Party Content is at the User’s own risk.
Some of the Content provided on or through the Site may relate to various subjects such as legal matters, financial issues, health advice or other matters of an advisory nature. This information is provided solely for informational and general advisory purposes and is not intended to be relied upon by any particular User for any particular purpose. Users should confirm any such information with a professional in the pertinent field of their own choosing before implementing or acting on such advice.
Go Blue Ridge Travel is a dynamic time-sensitive web site. Accordingly, the information on the Sites will change frequently. Some information could be inaccurate or could be mislabeled or misfiled by us or by a third-party, intentionally or by good faith mistake.
We do not monitor access to Third Party Content. The Sites serve solely as a venue and/or portal, and we shall have no liability based upon or related to any User Content or Third Party Content posted on or available through this Site. The Sites may also contain links to third-party web sites. We do not control and do not actively review or monitor the policies and practices of any web sites linked to the Sites and Users will be subject to those policies and practices when accessing those Sites rather than these terms. We do not endorse the content, products, services, practices, policies, or performance of any of the web sites linked to the Sites. Users should not treat any link as an endorsement or recommendation of the owner or operator of the linked site or any products or services available thereon.
WE DO NOT HAVE THE RESOURCES NOR DO WE UNDERTAKE ANY OBLIGATION TO CONTROL, RESEARCH, VERIFY, VALIDATE, OR APPROVE ANY OF THE USER CONTENT OR THIRD PARTY CONTENT RECEIVED, VIEWED OR ACCESSED ON OR THROUGH THE SITES. WE EXPECT ALL USERS TO USE CAUTION AND COMMON SENSE WHEN USING THE SITES.
Links To And From The Sites
Unless GoBlueRidgeTravel™ agrees otherwise in writing, You may only provide a hypertext link to the Home Page of the Sites, or direct to your public profile page on another web site, provided that (a) the appearance and position of the link may not be such as to damage or dilute the goodwill associated with GoBlueRidgeTravel™’s name and Trademarks, (b) the appearance and position of the link may not create the false impression that an entity is associated with or sponsored by GoBlueRidgeTravel™, (c) the link, when activated by a User, must display the home page of this Site full-screen and not within a “frame” on the linking web site, and (d) Go BlueRidgeTravel™ reserves the right to revoke its consent to the link at any time in its sole discretion immediately upon written notice.
To the extent that the Sites, or searches performed through the Sites, contain links to outside persons, products, Third Party Content or services, GoBlueRidgeTravel™ does not control the availability or content of those outside providers or resources. GoBlueRidgeTravel™ assumes no responsibility and shall not held liable in any way for the content or performance of any site referred or linked to and is not responsible for any errors or omissions contained in such sites, or the integrity or quality of such content.
Special User Rules and Restrictions
Memberships. Users are allowed to promote their membership status on their own websites. Membership fees are charged on a monthly basis at the beginning of each month for the upcoming months access to the Site. Memberships may also be purchased for the year in one lump sum payment. There are no refunds. Any cancellations that occur during a month will terminate your billing agreement at the end of your monthly billing cycle and automatically change your membership level to a basic or Free vendor. Your profile information will remain on the site unless you write to us and request it be completely removed.
All Users agree:
- Not to redistribute any of the Content.
- Not to use its account to post false or misleading project descriptions or project descriptions that are inappropriate to GoBlueRidgeTravel™’s audience.
- Not to falsify Tourist, Corporate Planners or Brides’ own or any other identity.
- To comply with all GoBlueRidgeTravel™ policies and directives, including the AUP.
- Not to use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Sites or the Content contained therein without the prior written permission of GoBlueRidgeTravel™.
- Not to create multiple User accounts to avoid fees, suspension or bad ratings on the Sites.
Removal From Go Blue Ridge Travel Services
GoBlueRidgeTravel™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any activities, functionalities or components of the Sites, or any part thereof, and to remove or modify, temporarily or permanently, any Content with or without notice.
Registration Data, User I.D. and Passwords
The Sites require You to register and provide certain data (“Registration Data”) in order to utilize the Services. In agreeing to register and provide such data, You represent and warrant that: (i) the information provided is true, accurate and current, (ii) is not provided with the intention or effect of misleading Go Blue Ridge Travel or assuming the identity of any other person, and (iii) You agree to maintain and promptly update the Registration Data to keep it true, accurate and current. If you provide any information that is untrue, inaccurate or not current, or appears to be intended to mislead or assume the identity of another person, or which constitutes a violation of our Acceptable Use Policy (see below), Go Blue Ridge Travel may suspend or terminate Your account and terminate Your access to Go Blue Ridge Travel Services.
If any Go Blue Ridge Travel registration or other Site functionality assigns you or requires Your selection and use of a password, You agree that You are solely and fully responsible for maintaining the confidentiality of the password and User ID, and for any and all activities that occur under your password or ID, with or without Your consent or knowledge. You agree to immediately notify Go Blue Ridge Travela of any unauthorized use of Your password or account data or any other breach of security. GO BLUE RIDGE TRAVEL AND ENCORE EVENT PARTNERS ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT OR FROM THE NEGLIGENT USE OR MISUSE OF YOUR PASSWORD OR USER ID BY YOU OR ANY OTHER PERSON, WITH OR WITHOUT YOUR EXPRESS CONSENT, AND YOU INDEMNIFY AND HOLD WEDDZILLA HARMLESS THEREFROM.
Acceptable Use Policy (AUP)
- is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, an invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable,
- promotes illegal activity under any federal, state or local law or contains information that is false, misleading or intended to manipulate any security or market.
- exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way,
- contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware including the Sites,
- You do not have a right to access or transmit, including proprietary information,
- infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party or contributes to or facilitates such infringement,
- contains or links to any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized solicitation, or
- impersonates any person or entity, misrepresents Your relationship with a person or entity or employs misleading email addresses or falsifies any information in the header, footer, return path or other part of any communication.
User is solely responsible for all data, content and information User provides to Go Blue Ridge Travel or to any other User. GoBlueRidgeTravel™ is only acting as a venue for the online distribution and publication of User Content on the terms hereof. Go Blue Ridge Travel has the right (but not the obligation) to take any action deemed appropriate with respect to any User Content that Go Blue Ridge Travel believes may harm its business or reputation or cause GoBlueRidgeTravel™ to lose the services of its Users and suppliers.
User hereby represents and warrants to Go Blue Ridge Travel that all User Content submitted or provided to Go Blue Ridge Travel or posted or linked to the Sites: (a) does not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other property right or any right of publicity or privacy; (b) does not violate any law or regulation or Go Blue Ridge Travel’s AUP; (c) is not defamatory or trade libelous; (d) is not obscene or pornographic; (e) is not incomplete, false or inaccurate, and (f) does not contain any viruses or other computer programming routines intended to damage, interfere with or intercept any data.
By submitting User Content to GoBlueRidgeTravela™ (including, but not limited to, creating Your Account; placing a quote on a post, posting a profile, posting a picture or video, posting an event; sending messages through or to GoBlueRidgeTravel™), You hereby grant to GoBlueRidgeTravel™ a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, adapt, display, distribute and perform any and all User Content under all intellectual property rights worldwide. Such license shall apply with respect to any form, media or technology now known or later developed. For the avoidance of doubt, providing links to any content hosted on servers other than those of Go Blue Ridge Travel (such as a portfolio of sample works hosted on Your own web site) will not be considered “submitting” such content for purposes of this license grant.
GOBLUERIDGETRAVEL™ CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY USER CONTENT OR OTHER DATA YOU SUBMIT TO US OR TO THE SITES OR TO ANY OTHER USER AND FOR ANY OTHER USER’S USE OR MISUSE OF SUCH DATA OR USER CONTENT. YOU SHOULD NOT SUBMIT ANY INFORMATION YOU CONSIDER CONFIDENTIAL.
Content Infringement and Take-Down Policy
GoBlueRidgeTravel™ respects the intellectual property rights of all Users and third parties. Our policy with regard to the notification and treatment of copyright infringement claims is contained in our Designated Agent Policy posted on the Sites. If Go Blue Ridge Travel is notified of any claim that any Content, User Content or Third Party Content posted on or accessed through the Sites is not authorized for such use or otherwise violates Yours or any other person’s rights, Go Blue Ridge Travel may, in appropriate circumstances, take-down, disable or terminate the availability of such content, temporarily or permanently. If You have reason to believe that any Content, User Content or Third Party Content infringes or violates any intellectual property rights, please provide the information and file the appropriate form available on the Sites.
Disputes Between Users
ANY DISPUTE BETWEEN ANY USER AND GO BLUE RIDGE TRAVEL ARE NOT GOVERNED BY THIS SECTION BUT IS SUBJECT TO THE “DISPUTES SOLELY WITH GO BLUE RIDGE TRAVEL” SECTION BELOW.
Intellectual Property Rights in the Sites
GoBlueRidgeTravel™ and all other product and service or trade names referenced or included in the Site (including domain names and names listed on page headers, in graphics and on button icons), are either registered (or application pending) trademarks in the United States or in other countries (“Trademarks”) or are otherwise proprietary to GoBlueRidgeTravel™ and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of GoBlueRidgeTravel™. Other names and marks may be registered or protected trademarks of GoBlueRidgeTravel™ licensors or other third parties.
GoBlueRidgeTravel™’s products and processes referred to or posted on the Site may also be covered by one or more patents or are subject to trade secret protection by GoBlueRidgeTravel™. GoBlueRidgeTravel™ reserves all such rights.
THE INFORMATION, MATERIALS AND FUNCTIONALITIES PROVDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, NON-INTERFERENCE, INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. GO BLUE RIDGE TRAVEL DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE VENDORS LISTED ON OR LOCATED THROUGH THE SITES ARE QUALIFIED AND CAPABLE TO PERFORM THE SERVICES OFFERED.
ALTHOUGH GOBLUERIDGETRAVEL™ BELIEVES THAT ALL CONTENT IS PRESENTED IN GOOD FAITH, GOBLUERIDGETRAVEL™ CANNOT AND DOES NOT WARRANT THAT THE CONTENT OR INFORMATION ACCESSIBLE IN OR THROUGH THE SITES IS ACCURATE, COMPLETE, RELIABLE OR CURRENT. TO THE FULLEST EXTENT PERMITTED BY LAW, GOBLUERIDGETRAVEL™ DISCLAIMS ANY WARRANTIES FOR ANY PRODUCTS OR SERVICES RECEIVED ON OR THROUGH THE SITE, INCLUDING FROM ANY VENDORS OR THROUGH ANY ADVERTISING OR OTHER LINKS POSTED HEREON. GOBLUERIDGETRAVEL™ ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES.
GOBLUERIDGETRAVEL™ SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY OR UNTIMELY DELIVERY OF ANY CONTENT OR INFORMATION, INCLUDING PROJECT ORDERS. GOBLUERIDGETRAVEL™ SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, ANY HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION. GOBLUERIDGETRAVEL™ SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACT OF NATURE OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF GOD, ACTS OF TERRORISM, LABOR DISPUTES, RIOTS, MATERIAL SHORTAGE, NON-PERFORMANCE OF VENDORS, OR LOSS OF INTERNET CONNECTIVITY OR EQUIPMENT FAILURES.
Limitations Of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE OF GO BLUE RIDGE TRAVEL, SHALL WEDDZILLA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF (OR THE INABILITY TO BE ABLE TO USE) THE SITES OR THE INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SITES, OR IN RELIANCE ON THE CONTENT OF THE SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO, THE HACKING INTO OR ALTERATION OF YOUR DATA OR ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED RELATED TO THE SITES, EVEN IF GO BLUE RIDGE TRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT PREJUDICE TO THE FOREGOING, IN NO EVENT SHALL GO BLUE RIDGE TRAVEL’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STATUTORY OR OTHERWISE) EXCEED THE GREATER OF (i) ANY AND ALL LICENSE FEES PAID BY EITHER PARTY HEREUNDER TO THE OTHER PARTY FOR USE OF THE SITE OR CONTENT, AND (ii) ONE THOUSAND DOLLARS ($1,000.00). YOUR SOLE AND EXCLUSIVE REMEDY AGAINST WEDDZILLA FOR ANY DEFECTS, CLAIMS OR ISSUES HEREUNDER SHALL BE TO DISCONTINUE YOUR USE OF THE SITES AND CONTENT.
THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED AS THE RESULT OF YOUR USE OF ANY PRODUCTS OR SERVICES ACCESSED OR RECEIVED FROM ANY VENDORS OR THROUGH ANY LINKS PROVIDED IN THE SITES, INCLUDING THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
Disputes Solely With Go Blue Ridge Travel
Effective Date: November 1, 2010